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3. On July 8, 2022, the Division sent Operator a notice of Financial <br /> Warranty Increase, ("SI-01") requiring Operator to submit an additional $3,272.00 <br /> in financial warranty by September 6, 2022, sixty days from the date of SI-01. <br /> 4. Operator failed to provide the increase in financial warranty by the <br /> due date, September 6, 2022 or at any point thereafter. <br /> 5. Following a hearing at its October 19, 2022 Board meeting, the Board <br /> found Operator in violation for failure to submit the required additional financial <br /> warranty (MV-2022-018). The Board's Order, effective December 16, 2022, (the <br /> "December 2022 Order") required Operator to submit the additional financial <br /> warranty within 30 days of the effective date of the December 2022 Order and <br /> assessed $22,000 in civil penalties, with all but $500 suspended if Operator <br /> complied with the Order's corrective actions. <br /> 6. Operator's annual report, map, and fee were due on October 5, 2022. <br /> The Division never received a submittal by Operator. <br /> 7. Operator failed to submit the annual report, fee, and map for 2022, as <br /> required by sections 34-32-116(3) and (4), C.R.S. <br /> 8. The Division holds a performance warranty from Operator in which <br /> Operator warrants that she will, among other things, comply with all permit <br /> conditions and the Act. <br /> 9. On January 25, 2023, The Division sent Operator a Reason to Believe a <br /> Violation Exists letter informing Operator that because no increase in financial <br /> warranty or unsuspended civil penalties had been received, as required by the <br /> December 2022 Order, and because Operator failed to submit the required annual <br /> report, map, and fee for 2022, the matter was scheduled for a hearing at the Board's <br /> March 22, 2023 meeting. <br /> 10. At the hearing, the Division presented testimony regarding the site <br /> and affected lands that would need to be reclaimed. The Division presented <br /> testimony that Operator had not submitted the required financial warranty <br /> increase or paid the unsuspended civil penalties as required by the Board's <br /> December 2022 Order. The Division also presented testimony regarding Operator's <br /> failure to submit an annual report, fee, and map for 2022, as required by statute <br /> and the Operator's performance warranty. <br /> 11. Operator presented testimony at the hearing regarding the sale of the <br /> property on which the site is located. According to Operator's representative, the <br /> new landowners were informed of the reclamation permit for the site and the need <br /> to submit a succession of operators request with the Division. Operator argued that <br /> Mary Vasquez <br /> M-2000-0891 Perdue Pit <br /> MV-2023-003 2 <br />