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4. On April 20, 2021, the Division sent Operator a notice of Financial <br />Warranty Increase, ("SI-02") requiring Operator to submit an additional $32,990.00 <br />in financial warranty by June 19, 2021, sixty days from the date of SI-02. <br />5. On July 1, 2021, the Division sent Operator a Notice of Past Due <br />Financial Warranty Increase (SI-02) informing Operator that the Division had not <br />received the required increase in financial warranty. The letter also informed <br />Operator that it had until July 23, 2021 to submit the increase in financial <br />warranty before the Division would proceed with enforcement actions. <br />6. Operator failed to provide the increase in financial warranty by the <br />due date, June 19, 2020, and by the extended due date of July 23, 2021. <br />7. On August 12, 2021, 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 September 22, 2021 Board meeting. <br />8. On September 8, 2021, the Division informed Operator that the <br />September 22, 2021 Board meeting would be held virtually. <br />9. At the hearing, the Division presented testimony regarding the site <br />and affected lands that would need to be reclaimed. The Division also stated that it <br />had been in regular contact with Operator since the February 2021 inspection <br />regarding the financial warranty increase but still had not received the bond <br />increase. <br />10. Operator did not appear at the hearing and did not submit any <br />evidence or testimony for Board consideration. <br />11. Operator has failed to provide the required increase in financial <br />warranty at any point prior to the Board's September 22, 2021 meeting. <br />CONCLUSIONS OF LAW <br />12. 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. (2020). <br />13. Section 34-32.5-117(4)(c)(II), 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 />Colorado Farms LLC <br />M-1988-052/ Big R Pit <br />W-2021-021 <br />2 <br />