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2022-04-01_ENFORCEMENT - M1988052
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2022-04-01_ENFORCEMENT - M1988052
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Last modified
4/6/2022 11:05:04 AM
Creation date
4/5/2022 11:23:04 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1988052
IBM Index Class Name
Enforcement
Doc Date
4/1/2022
Doc Name
Notice of Formal Hearing
From
DRMS
To
Stefan Mocevic - Colorado Farms LLC
Violation No.
MV2022003
Email Name
AME
MAC
SMS
Media Type
D
Archive
No
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5. On J* 1.2021 ,the Cuision sent Operator Notice of Past Due Financial <br /> Warranty hcrease (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 enforce rrentactions. <br /> 6. Operator failed to provide the increase in financial warranty by the due <br /> date, June 19,2020,and bythe 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 addtionalfinancial warranty within gcty days of the <br /> notice of adjustment. The letteralso provided operator notice thatthe matter had been <br /> scheduled fora hearing atthe 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 forfailing 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 Order. The Board also <br /> assessed civil penalties of$6,100.00,with$5,600.00 suspended ifOperator complied <br /> withthe Order's corrective action. <br /> 10. Operato rfailed to submittheincreasahfinancialwarrantywithinthe <br /> deadline set bythe Board's Order. <br /> 11. On January 5,2022,the Dvision sent Operator a Reason to Believe a <br /> Vidbtion Exists to Operator for Operator's failure to comfy with the condtions of a <br /> Board Order for violation MV-2021 021 The letter informed Operator that the matter <br /> had been set for a hearing before the Board atts February 16,2022 meeting. <br /> 12. On January 25, 2022,Operator submitted an expired check the amount <br /> of$32,990.00withoutthe necessary financial warranty documentation. <br /> 13. The Disan informed Operator in writing thatthe check was no longer <br /> valid and that the Operator must submit the required documentswith a valid payment of <br /> the financial warranty increase. <br /> 14. Operator did not appear at the hearing and did not subrrt any evidence or <br /> testimony for Board consideration. <br /> 15. Operator has failed to provide the requiredhcrease h financial warranty <br /> at any point priorto the Board's February 16,2022 meeting. <br /> Colorado Farms LLC <br /> M-1988-0521 Big R Pit <br /> MV-2022-003 2 <br />
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