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4. Operator failed to provide the increase in financial warranty by the <br /> due date, September 6, 2022. <br /> 5. On September 13, 2022, the Division sent a Reason to Believe a <br /> Violation Exists letter to Operator for failure to post additional financial warranty <br /> within sixty days of the notice of adjustment. The letter also provided operator <br /> notice that the matter had been scheduled for a hearing at the October 19, 2022 <br /> Board meeting. <br /> 6. At the hearing, the Division presented testimony regarding the site <br /> and affected lands that would need to be reclaimed. <br /> 7. Operator did not appear at the hearing and did not submit any <br /> evidence or testimony for Board consideration. <br /> 8. Operator has failed to provide the required increase in financial <br /> warranty at any point prior to the Board's October 19, 2022 meeting. <br /> CONCLUSIONS OF LAW <br /> 9. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act for the Extraction of Construction Materials, Article <br /> 32.5 of Title 34, C.R.S. (2022). <br /> 10. Section 34-32.5-117(4)(c)(II), C.R.S. and Rule 4.2.1(2) require <br /> operators to post additional financial warranty within sixty days from the date of <br /> written notice of adjustment from the Division. The Operator failed to submit <br /> additional financial warranty'within sixty days from the date of written notice of <br /> adjustment from the Division. <br /> 11. By failing to post additional financial warranty within sixty days from <br /> the date of the Division's written notice of adjustment, Operator is in violation of <br /> section 34-32.5-117(4)(c)(II), C.R.S. and Rule 4.2.1(2). <br /> 12. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br /> and desist order when it finds that an operator has failed to comply with any <br /> provision of the Act, a permit, or regulation. <br /> 13. The Board may impose a civil penalty of not less than $100 per day or <br /> more than $1,000 per day for each day during which a violation occurs. § 34-32.5- <br /> 124(7), C.R.S. (2022). Here, the Board may impose a penalty based on 44 days of <br /> violation (from the September 6, 2022 due date for the financial warranty increase <br /> to the October 19, 2022 hearing) at $100 to $1,000 per day, for a civil penalty of <br /> $4,400 to $44,000. <br /> Mary Vasquez <br /> M-2000-089/Perdue Pit <br /> MV-2022-018 <br /> 2 <br />