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4. Through an order effective October 26, 2018, the Board found Operator <br />in violation of § 34-32.5-124 for failing to comply with the March 2017 Order. The <br />October 2018 Order included a corrective action requiring Operator to submit all <br />materials in an approvable form for Amendment No. 1, filed with the Division on <br />September 24, 2018, within ninety days of the date of filing. <br />5. The Division approved AM01 on December 21, 2018, incorporating off- <br />site affected areas within the permit boundary. The Division informed Operator <br />that the revised liability amount had been increased to $173,730.00, which exceeded <br />the financial warranty of $52,815.00 by $120,915.00. The Division gave Operator <br />sixty days to provide the $120,915 increase in financial warranty. <br />6. Operator failed to provide the increase in financial warranty by the <br />due date, February 19, 2019. <br />7. On March 1, 2019, the Division sent a Reason to Believe a Violation <br />Exists to Operator for failure to post additional financial warranty within sixty days <br />of the notice of adjustment. The letter also provided operator notice that the matter <br />had been scheduled for a hearing at the April 24, 2019 Board meeting. <br />8. At the hearing, the Division presented testimony regarding the need <br />for an increase in financial warranty, the majority of which was needed to address <br />the disturbances to areas that were outside the permit boundaries prior to AM01's <br />approval. The Division also presented testimony regarding Operator's ability to <br />continue reclamation work to reduce the financial warranty. <br />9. Operator presented testimony regarding challenges to its efforts to <br />obtain the increased financial warranty but indicated that it had located a source <br />and was continuing to work on finalizing that process. Operator also stated that it <br />had begun reclamation work. <br />CONCLUSIONS OF LAW <br />10. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act for the Extraction of Construction Materials, Article <br />32.5 of Title 34, C.R.S. (2018). <br />11. Section 34-32.5-117(4)(c)(11), C.R.S. and Rule 4.2.1(2) require <br />operators to post additional financial warranty within sixty days from the date of <br />written notice of adjustment from the Division. The Operator failed to submit <br />additional financial warranty within sixty days from the date of written notice of <br />adjustment from the Division. <br />Robinson Sons, Inc. <br />M-2008-076/Robinson Sons Gravel Pit No. 1 <br />MV -2019-005 <br />2 <br />