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2023-04-20_ENFORCEMENT - M2000089
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2023-04-20_ENFORCEMENT - M2000089
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Last modified
4/24/2023 8:30:11 PM
Creation date
4/24/2023 8:01:14 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2000089
IBM Index Class Name
Enforcement
Doc Date
4/20/2023
Doc Name Note
Findings of Fact, Conclusion of Law and Order
Doc Name
Returned Mail
From
DRMS
To
Mary Vasquez
Violation No.
MV2023003
Email Name
JPL
JLE
CMM
Media Type
D
Archive
No
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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-2000-089/ Perdue Pit <br /> MV-2023-003 2 <br />
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