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fi//4� <br /> COLORADO i <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> V/October 9, 2014 <br /> George Otten v <br /> 11438 Weld County Rd. 19 <br /> Fort Lupton, CO 80621 <br /> RE: Mackey Mine, DRMS File No. M-1984-013; Notice of Enforcement Hearing <br /> Dear Mr. Otten, <br /> On September 24, 2014 the Colorado Mined Land Reclamation Board (Board) determined the <br /> Financial Warranty held for the Mackey Mine, DRMS File No. M-1984-013 is subject to <br /> forfeiture in accordance with C.R.S. 34-32-118(a) and (b). Also, pursuant to Rule 4.20(2), when <br /> the Board determines a Financial Warranty is subject to forfeiture, the Board shall afford the <br /> Operator and all Financial Warrantors the right to appear before the Board. A second Board <br /> hearing will be held and the Board will consider whether your Financial Warranty should be <br /> forfeited. At the second hearing, the Board may withdraw or modify any determination that the <br /> warranty is subject to forfeiture, settle or compromise the determination, or confirm its <br /> determination and order the forfeiture of your Financial Warranty. See C.R.S. 34-32-118(3)(a). <br /> Pursuant to C.R.S. 34-32-124, the Board may also conclude that your permit should be revoked <br /> based on the violations described in the February 101h, 2014 Board Order. The Board will <br /> consider revocation of your permit during the second Board hearing. In accordance with C.R.S. <br /> 34-32-103(6)(IV), the Operator must be given 60 days of notification for possible revocation of a <br /> reclamation permit. This letter serves as that notice. <br /> An Enforcement Hearing will be held for this matter during the December 18-19, 2014 Board <br /> Meeting. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, <br /> beginning at 9:00 a.m. on December 18th or as soon thereafter as the matter can be considered. <br /> This is an important legal proceeding and you must appear in person for this hearing. If <br /> you fail to appear an order or money judgment may be entered against you. In addition, <br /> failure to appear at the hearing may result in legal consequences including, but not limited <br /> to, loss of party status and your ability to seek reconsideration from the Board or seek <br /> judicial appeal in district court. <br /> All parties have an opportunity to review and comment on a draft of the Board's order before it <br /> becomes final. If you wish to do so, you must provide the Board with a written request to review <br /> the draft order prior to or at the time of your hearing, or you must inform the Board orally during <br /> of,iota <br /> I �Q o <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 ,�1 *' <br />