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4. On January 6, 2012, the Division sent the Operator a Reason to <br />Believe a Violation Exists letter. The Division's letter provided notice regarding the <br />June 13, 2012 hearing and the alleged violations for failure to complete reclamation <br />with reasonable diligence within five years from commencement of final <br />reclamation. <br />5. The Operator has failed to reclaim the site with reasonable diligence <br />and within 5 years of notifying the Board, through its annual reports, that <br />reclamation had commenced. <br />6. On February 22, 2012, the Division sent the Operator a letter and <br />updated liability cost summary stating that the Operator's reclamation liability had <br />increased by $13,537 to a total of $87,062. The Division holds a current bond for the <br />site in the amount of $73,525. <br />7. The February 22, 2012 letter notified the Operator that adequate <br />financial warranty must be submitted within 60 days, by April 23, 2012. <br />8. The Operator failed to submit the financial warranty increase by April <br />23, 2012. <br />9. On April 26, 2012, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. The Division's letter provided information about the June <br />13, 2012 hearing and notice regarding the alleged violations for the Operator's <br />failure to submit the financial warranty increase. <br />10. The Operator has not submitted the financial warranty increase. <br />11. The Operator did not contest the amount of the financial warranty <br />increase. <br />West End Gravel Company <br />M -1994 -011 <br />MV- 2012 -021 and MV -2012 -022 <br />CONCLUSIONS OF LAW <br />12. 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. (2011) ( "Act "). <br />13. Under section 34- 32.5- 117(4)(c)(II), C.R.S. and Rule 4.2.1(2) of the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br />the Extraction of Construction Materials, 2 C.C.R. 407 -4 ( "Rule" or "Rules "), a <br />permittee has sixty (60) days from the date of notice of an adjustment to fulfill new <br />requirements, such as increased financial warranty. The Operator failed to <br />submit the increased financial warranty within 60 days of notice. <br />2 <br />