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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />August 19, 2014 <br />Mr. George E. Otten <br />11438 County Road 19 <br />Fort Lupton, CO 80621 <br />RE: Reason to Believe a Violation Exists at Mackey Mine; DRMS File No. M- 1984 -013 <br />Dear Mr. Otten, <br />In the Board Order dated February 10, 2014 the Mined Land Reclamation Board found George Otten to <br />be in violation of the following: <br />• C.R.S. 34- 32- 116(7)(d) for failure to dispose of refuse in a manner that will control unsightliness <br />or deleterious effects of such refuse. <br />• C.R.S. 34- 32- 117(4)(c)(II) and Rule 4.2.1(2) for failure to post additional financial warranty <br />within 60 days after notice of adjustment. <br />• Rule 3.1.12(2) for failure to delineate the boundary of the affected area of the site. <br />You were ordered to complete the following corrective actions: <br />1. By August 1, 2014, delineate the boundary of the affected area, remove trash and unusable <br />equipment from the site and adequately safeguard the adit to prevent unauthorized entry. <br />2. Within sixty (60) days of the effective date of the Order, submit to the Division $7,000.00 to <br />increase the total financial warranty amount to $8,000.00. <br />On August 14, 2014, the Division conducted an inspection of the Mackey Mine and found that the <br />boundary of the affected area has not been delineated, refuse has not been removed from the site and the <br />adit has not been safeguarded to prevent unauthorized entry. In addition, the Division has not received the <br />increased financial warranty in the amount of $7,000.00. As a result, the Division believes you are in <br />violation pursuant to C.R.S. 34 -32 -124 and C.R.S. 34- 32- 18(1)(b), for failure to comply with the <br />conditions of an order. <br />Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br />C.R.S. 34 -32 -101 et sue., and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the September 24 -25, 2014 Board Meeting for consideration <br />of this possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br />Colorado, beginning at 9:00 a.m. on September 24 or as soon thereafter as the matter can be considered. <br />At that hearing you will have the opportunity to present your defense. <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us <br />John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director <br />oF•co <br />Q: <br />o <br />7 n <br />1876 <br />