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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 /> October 1, 2014 <br /> John Ary <br /> Fremont Paving&Redi-Mix, Inc. <br /> 839 MacKenzie Avenue <br /> P.O. Box 841 <br /> Canon City, CO 81215 <br /> Re: Fremont Paving& Redi-Mix, Inc., Evans#2 Pit,DRMS Permit No. M-2000-041, <br /> Reason to Believe a Violation Exist i and Notice of Board Hearing <br /> Dear Mr. Ary: <br /> The Division of Reclamation, Mining and S fety(Division) Approved Permit Amendment No.I on July <br /> 31, 2014. The Division specified that the financial warranty was due within 60 days from the date of the <br /> approval letter (please see the attached letter). The Division has not received the financial warranty <br /> increase. Based on these findings the Division believes this is a violation of: <br /> C.R.S. § 34-32.5-117(4)(b) and Rules 4.2. (1) and (4) for failure to maintain a financial warranty <br /> sufficient to assure the completion of reclam tion of the affected lands, and <br /> C.R.S. § 34-32.5-117(4)(c)(II) and Rule 4.2 1(2) for failure to post additional financial warranty within <br /> 60 days of notice from the Division. <br /> Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br /> C.R.S. § 34-32.5-101 et sue., and have scheduled this matter to appear before the Mined Land <br /> Reclamation Board. <br /> A Formal Public Hearing will be held during the November 19-20, 2014 Board Meeting for <br /> consideration of these possible violations. The hearing will be held in Room 318 of 1313 Sherman <br /> Street, Denver, Colorado, beginning at 9:00 a.m. on November 19, 2014 or as soon thereafter as the <br /> matter can be considered. At that hearing yc u will have the opportunity to present your defense. <br /> This is an important legal proceedin and vou must appear in person for this hearing. If you fail <br /> to appear an order and money judgme t may be entered against you. In addition, failure to <br /> appear at the hearing may result in legal consequences including, but not limited to, loss of party <br /> status and your ability to seek reconsideration from the Board or seek judicial appeal in district <br /> court. <br /> of co <br /> ' ''o` <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I *11�I * <br /> John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director **1876 <br />