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5. On May 4, 2023, the Division sent Operator a notice of Financial <br /> Warranty Increase, ("SI-02") requiring Operator to submit an additional $11,958.00 <br /> in financial warranty by July 3, 2023, sixty days from the date of SI-02. <br /> 6. On July 11, 2023, the Division extended the due date for SI-02 to <br /> August 2, 2023. <br /> 7. On August 3, 2023, Operator asked the Division how to submit a <br /> certificate of deposit instead of a letter of credit, and the Division extended the <br /> deadline for SI-02 to September 4, 2023. <br /> 8. On September 5, 2023, The Division extended the deadline for <br /> submitting SI-02 to November 3, 2023. <br /> 9. On September 14, 2023, the Operator submitted $3,000.00 as an <br /> interim bond amount, with $8,959.00 of SI-02 still due: <br /> 10. Between September 2023, and January 19, 2024, the Division <br /> communicated with the Operator regarding SI-02, with the Operator indicating that <br /> it was looking to comply. Operator stopped responding to the Division's emails and <br /> voicemails after December 17, 2023. <br /> 11. On January 24, 2024, the Division sent a Reason to Believe a Violation <br /> Exists letter to Operator for failure to post additional financial warranty within <br /> sixty days of the notice of adjustment. The letter provided operator notice that the <br /> matter had been scheduled for a hearing at the March 20-21, 2024 Board meeting. <br /> 12. At the hearing, the Division presented testimony regarding the site <br /> and affected lands that would need to be reclaimed. The Division also presented <br /> testimony regarding its efforts to work with Operator to obtain the full amount of <br /> financial warranty increase required by SI-02. <br /> 13. Operator did not appear at the hearing and did not submit any <br /> evidence or testimony for Board consideration. <br /> 14. Operator has failed to provide the required increase in financial <br /> warranty at any point prior to the Board's March 20, 2024 meeting. <br /> CONCLUSIONS OF LAW <br /> 15. 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. (2023). <br /> O &A Stone, LLC <br /> M-1994-121/Vasquez Quarry No. 2 <br /> MV-2024-005 2 <br />