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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2021-002 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE POSSIBLE VIOLATION OF DEB RUDIBAUGH, <br /> REVOCATION, AND FORFEITURE OF FINANCIAL WARRANTY FOR <br /> FAILING TO PAY ANNUAL FEES AND FAILURE TO SUBMIT ANNUAL <br /> REPORTS, File No. M-1995-057 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> May 19, 2021 via videoconference for a hearing to consider a possible violation by <br /> Deb Rudibaugh ("Operator"), revocation, and forfeiture of financial warranty for <br /> failing to pay annual fees and failure to submit annual reports, file number M-1995- <br /> 057. Dustin Czapla appeared on behalf of the Division of Reclamation, Mining and <br /> Safety ("Division"). There was no appearance on behalf of Operator. <br /> The Board, having considered the presentation and having been otherwise <br /> fully informed of the facts, hereby enters the following findings of fact, conclusions <br /> of law and order. <br /> FINDINGS OF FACT <br /> 1. Operator holds a 110(c) permit for a 9.9-acre sand and gravel mining <br /> operation located in Section 4, Township 49 North, Range 3 East, New Mexico <br /> Principal Meridian in Gunnison County, Colorado, permit number M-1995-057. <br /> The site is known as the Rubidaugh Pit. <br /> 2. Operator's anniversary date for the permit is March 7. <br /> 3. Pursuant to section 34-32.5-116(3), C.R.S., Operator is required to <br /> submit the annual report, map, and fee on March 7 of each year. <br /> 4. The Operator failed to submit the annual reports, maps, and fees that <br /> were due March 7, 2020 and March 7, 2021, as required by section 34-32.5-116(3), <br /> C.R.S. <br /> 5. On March 11, 2021, the Division mailed the Operator a Notice of <br /> Violation, number MV-2020-002, for failure to submit the required annual reports, <br /> maps, and fees for 2020 and 2021. The March 11, 2021 letter notified the Operator <br /> that the Board would hear the matter at its May 19, 2021 meeting. <br /> 6. The Division received a certified mail return receipt for the Notice of <br /> Violation on April 1, 2021 indicating that the Operator was deceased. <br /> 7. The Division holds a financial warranty for permit number M-1995- <br /> 057 in the amount of$11,574.00. <br />