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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 FORFEITURE OF FINANCIAL WARRANTY OF <br /> DEB RUDIBAUGH, File No. M-1995-057 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> October 20, 2021 via videoconference for a hearing to consider the forfeiture of <br /> financial warranty of Deb Rudibaugh ("Operator"), file number M-1995-057. Dustin <br /> Czapla appeared on behalf of the Division of Reclamation, Mining and Safety <br /> ("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. The Operator <br /> failed to submit the annual reports, maps, and fees that were due March 7, 2020 and <br /> March 7, 2021, as required by section 34-32.5-116(3), C.R.S. <br /> 3. The Division holds a financial warranty for permit number M-1995- <br /> 057 in the amount of$11,574.00. <br /> 4. Through an order effective July 21, 2021, the Board revoked Operator's <br /> permit M-1995-057 for failure to cure a default of its performance warranty. <br /> 5. On August 9, 2021, the Division mailed a notice to Operator, who is <br /> also the financial warrantor, stating that the financial warranty was subject to <br /> forfeiture and that a hearing would be held at the Board's October 2021 meeting to <br /> consider forfeiture. The notice was returned as undeliverable with a note that the <br /> addressee was deceased. <br />