2021-12-01_ENFORCEMENT - M1995057

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV-2021-002 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE FORFEITURE OF FINANCIAL WARRANTY OF DEB RUDIBAUGH, File No. M-1995-057 THIS MATTER came before the Mined Land Reclamation Board ("Board") on October 20, 2021 via videoconference for a hearing to consider the forfeiture of financial warranty of Deb Rudibaugh ("Operator"), file number M-1995-057. Dustin Czapla appeared on behalf of the Division of Reclamation, Mining and Safety (`Division"). There was no appearance on behalf of Operator. The Board, having considered the presentation and having been otherwise fully informed of the facts, hereby enters the following findings of fact, conclusions of law and order. FINDINGS OF FACT 1. Operator holds a 110(c) permit for a 9.9-acre sand and gravel mining operation located in Section 4, Township 49 North, Range 3 East, New Mexico Principal Meridian in Gunnison County, Colorado, permit number M-1995-057. The site is known as the Rubidaugh Pit. 2. Operator's anniversary date for the permit is March 7. The Operator failed to submit the annual reports, maps, and fees that were due March 7, 2020 and March 7, 2021, as required by section 34-32.5-116(3), C.R.S. 3. The Division holds a financial warranty for permit number M-1995- 057 in the amount of $11,574.00. 4. Through an order effective July 21, 2021, the Board revoked Operator's permit M-1995-057 for failure to cure a default of its performance warranty. 5. On August 9, 2021, the Division mailed a notice to Operator, who is also the financial warrantor, stating that the financial warranty was subject to forfeiture and that a hearing would be held at the Board's October 2021 meeting to consider forfeiture. The notice was returned as undeliverable with a note that the addressee was deceased.