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wall. If the high-wall was not appropriately removed then the Division would increase the <br />amount of financial warranty necessary for the site. The Division also set an August 30, <br />2009 deadline for the Operator to submit a technical revision to the mining plan to address <br />the changes in the mining activities. <br />5. At the end of August 2009, the Division extended the deadlines for the <br />corrective actions described above to September 30, 2009. <br />6. On October 15, 2009, after allowing the Operator additional time to address <br />the high wall, the Division recalculated the site's bond. The site's bond was recalculated to <br />$49,000, a $34,000 increase over the existing bond amount. The bond amount was increased <br />because of the site's current condition. <br />7. The Division sent the Operator notice of the bond increase on October 15, <br />2009. The Operator has not posted the increased bond amount. <br />8. In mid-December, 2009 the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. The Reason to Believe letter informed the Operator about the nature <br />of the violation and provided information about the February 2010 Board hearing. <br />9. As described above, the Operator appeared before the Board several times (at <br />the February 10, March 10, and April 14, 2010 Board meetings). After each appearance the <br />Board continued the matter to allow the Operator additional time to post the required bond. <br />At the April 14, 2010 hearing, the Board continued the matter to allow time for the Operator <br />to complete a succession of operator agreement or to reclaim the high-wall. <br />10. At the time of the June 9, 2010 hearing, the site's condition had not changed. <br />CONCLUSIONS OF LAW <br />11: The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104, 105 <br />and 124 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />§ 34-32.5-101 Est seq. C.R.S. (2009) ("Act"). <br />12. Any person who violates any provision of a 110 permit issued under the Act <br />shall be subject to a civil penalty of not less than one hundred dollars per day nor more than <br />one thousand dollars per day for each day during which such violation occurs, § 34-32.5- <br />124(7), C.R.S. <br />13. Pursuant to § 34-32.5-117(4)(b)(I), C.R.S., Operators are required to maintain <br />a sufficient financial warranty to assure the completion of reclamation of affected lands if, <br />because of forfeiture, the Division has to complete a reclamation of the land. An Operator <br />must maintain the financial warranty in good standing for the life of the permit. § 34-32.5- <br />117(6)(x), C.R.S. <br />14. Additionally, the Division and the Board may increase or decrease the amount <br />and duration of a required financial warranty pursuant to § 34-32.5-117(4)(c)(I)(A), C.R.S.; <br />and the financial warrantor has sixty days after the date of notice of an adjustment to fulfill <br />the new requirements, §34-32.5-117(4)(c)(II), C.R.S. <br />Dumb and Dumber Trucking, Barton Pit <br />M-2000-149 <br />2 <br />MV No: M-2010-013