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inspection, the Division notified the Operator that no financial warranties had been <br />received and that corrective action was necessary prior to the commencement of mining <br />activities. <br />3. On approximately August 27, 2003, the Operator telephoned the Division requesting an <br />inspection ofthe site. <br />4. On September 4, 2003, the Division inspected the site and noted that the Operator had <br />disturbed approximately 20 acres. A significant portion of the disturbed area had already <br />been reclaimed, in accordance with the reclamation plan submitted. The Operator stated <br />that the failure to obtain a permit was due to personnel changes and miscommunication, but <br />was not intentional. <br />5. On September 11, 2003, the Division received a written request from the Operator for a <br />hearing before the Board at the earliest possible date, and a commitment to post the <br />necessary financial warranty. <br />6. On September 18, 2003, the Division sent to the Operator a Reason to Believe a Violation <br />Exists letter in which the Division set forth the events described above and set a date for a <br />hearing in front of the Board. <br />7. Construction Materials Rule 4.1(2) states: "No permit may be issued pursuant to the Act <br />until the Board or Office receives and approves the Performance and/or Financial <br />Warranties required herein. If these Warranties are not received within one calendar year of <br />approval of an application for any new permit, amendment or conversion, the Board shall <br />hold a hearing to reconsider the previous approval." <br />8. Section 34-32.5-109(1) of the Colorado Land Reclamation Act for the Excavation of <br />Construction Materials (`Act") states: "Before engaging in a new operation, an operator <br />