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Dec 15 11 12:23p John T. Sullivan <br />303 443 -3914 p.3 <br />4. On August 29, 2011 the Operator submitted the bond increase <br />required by AM01 in a form approvable to the Division (i.e., Financial Warranty <br />Letter of Credit number 1505001602 in the amount of $47,003, issued by First State <br />Bank of Colorado d/b /a Colorado Mountain Bank) and provided the Division with <br />proof of re- notification of the public as required by the Rules. <br />5. On November 7, 2011, the Division received a letter from LJ <br />Development, Inc., on behalf of the Operator, summarizing actions the Operator <br />has taken, including posting the amended financial warranty and completing <br />necessary publication and notice procedures. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2010). <br />7. The Operator failed to post the required increase to the financial <br />warranty for permit number M -2000 -115 within 365 days of Division approval of <br />AM01, thereby triggering Board reconsideration of the Division's approval of AM01 <br />as required by Rule 4.1(2). <br />8. It is within the Board's discretion to affirm the Division's original <br />approval of AM01 upon the Operator's submission of the financial warranty <br />increase and compliance with Rule 1.6. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby AFFIRMS the Division's original approval of Amendment 01 to permit <br />number M- 2000 -115. <br />DONE AND ORDERED this I ( day of UPC•2w1 2011. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />)i7c- <br />1 arbara Green, C1 air <br />Mullett Excavating, LLC <br />Mullett Excavating Pit #1, M- 2000 -115 2 <br />