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5. On July 1, 2021, the Division sent Operator a Notice of Past Due Financial <br /> Warranty Increase (SI-02) informing Operator that the Division had not received the <br /> required increase in financial warranty. The letter also informed Operator that it had <br /> until July 23, 2021 to submit the increase in financial warranty before the Division would <br /> proceed with enforcement actions. <br /> 6. Operator failed to provide the increase in financial warranty by the due <br /> 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 of the <br /> notice of adjustment. The letter also provided operator notice that the matter had been <br /> 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 September 22, 2021 Board hearing, the Board found Operator in <br /> violation for failing to post additional financial warranty within 60 days of the date of the <br /> notice of adjustment. The Board issued an Order, effective October 22, 2021, which <br /> included a corrective action requiring Operator to submit the additional financial <br /> warranty within 30 days of the effective date of the Board �rder. The Board also <br /> assessed civil penalties of$6,100.00, with $5,600.00 suspended if Operator complied <br /> with the Order's corrective action. <br /> 10. Operator failed to submit the increase in financial warranty within the <br /> deadline set by the Board's Order. <br /> 11. On January 5, 2022, the Division sent Operator a Reason to Believe a <br /> Violation Exists to Operator for Operator's failure to comply with the conditions of a <br /> Board Order for violation MV-2021-021. The (etter informed Operator that the matter <br /> had been set for a hearing before the Board at its February 16, 2022 meeting. <br /> 12. On January 25, 2022, Operator submitted an expi�ed check in the amount <br /> of$32,990.00 without the necessary financial warranty documentation. <br /> 13. The Division informed Operator in writing that the check was no longer <br /> valid and that the Operator must submit the required documents with a valid payment of <br /> the financial warranty increase. <br /> 14. Operator did not appear at the hearing and did not submit any evidence or <br /> testimony for Board consideration. <br /> 15. Operator has failed to provide the required increase in financial warranty <br /> at any point prior to the Board's February 16, 2022 meeting. <br /> Colorado Farms LLC <br /> M-1988-052/Big R Pit <br /> MV-2022-OQ3 <br /> 2 <br />