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5. On Jdr 1.2021,the [Vision sent Operator a Notice of Past Due Financial <br /> Warranty hcrease (Sl-02)iforrmg Operator that the Division had not received the <br /> required increase n financial warranty. The letter also informed Operator that 1: had <br /> urtilJLr 23,2021 to submit thehcxease 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 bythe extended due date of July 23,2021. <br /> 7. On August 12, 2021,the Divisionsent a Reason to Believe a Violation <br /> Exists to Operatorfor failure to post addhonalfinancial warranty within 9cty days of the <br /> notice of adjustment. The letter also provided operator notice thatthe 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 forfailing to post additional financial warranty within 60 days of the date of the <br /> notice of adjustmert. The Board issued an Order,effective October 22,2021,which <br /> included a corrective action requiring Operator to submi 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 if Operator complied <br /> withthe Order's corrective action. <br /> 10. Operator failed tosubmitthe increaseifinancaI warranty within the <br /> deadlinesetbythe Boards Order. <br /> 11. On January 5,2022,the Cbision sent Operator a Reason to Believe a <br /> Vidation Exists to Operator for Operator's failure to comor with the condlions of a <br /> Board Order for violation MV-2021 021.The letter informed Operatorthatthe matter <br /> had been set for a hearing before the Board at Is February 16,2022 meeting. <br /> 12. On January 25,2022, Operator submitted an expired checkhthe amount <br /> of$32,990.00 without the necessary financial warranty documentation. <br /> 13. The[kison informed Operator n writing that the check was no longer <br /> valid and that the Operator must submit the required documentswith avalid payment of <br /> the financial warrany increase. <br /> 14. Operator did not appear at the hearing and did not subnt any evidence or <br /> testimony for Board consideration. <br /> 15. Operator has failed to provide the requiredhcrease in financial warranty <br /> at any point priorto the Board's February 16,2022 meeting. <br /> Colorado Farms LLC <br /> %1988-0521 Big R Pit <br /> MV-2022-003 2 <br />