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Al COLORADO <br /> Division of Reclamation, A-­­ <br /> i&rMining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street,Room 215 <br /> Denver,Colorado 80203 <br /> ✓October 9, 2014 <br /> Kym A. Schure ✓ <br /> 12826 CR 37 <br /> Sterling, CO 80751 <br /> r <br /> Re: Dollerschell Pit; Permit No. M-19866074; Reason to Believe a Violation Exists and Notice of Board <br /> Hearing <br /> Mr. Schure: <br /> On October 6,2014,the Division of Reclamation,Mining and Safety(Division)conducted an inspection of <br /> Dollerschell Pit(Permit M-1986-074) and nearby lands(please see attached inspection report).During the <br /> inspection, areas were found outside the affected land that the Division believes have been damaged by the <br /> mining operations. Based on the findings of the inspection we believe these are violations of: <br /> • C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit from the Mined Land Reclamation <br /> Board before engaging in a new mining operation. (The Division considers mining 2 acres or more <br /> outside of the approved permit boundary as a violation for mining without a permit) <br /> Therefore,the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, C.R.S. <br /> 34-32.5-101 et sue., and have scheduled this matter to appear before the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the November 19-20,2014 Board Meeting for consideration of these <br /> possible violations. The hearing will be held in Room 318 of 1313 Sherman Street,Denver,Colorado,beginning <br /> at 9:00 a.m. on November 19'h or as soon thereafter as the matter can be considered. At that hearing you will have <br /> the opportunity to present your defense. <br /> This is an important legal proceeding and you must appear in person for this hearing. If you fail to appear <br /> an order and money judgment may be entered against you. In addition,failure to appear at the hearing <br /> may result in legal consequences including,but not limited to,loss of party status and your ability to seek <br /> reconsideration from the Board or seek judicial appeal in district court. <br /> If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty <br /> in the amount of$1,000.00 to$5,000.00 for each day of violation. If you have evidence indicating that the <br /> possible violations noted above do not exist or have been corrected,please provide it to the Division as soon as <br /> possible or bring it to the hearing. <br /> All parties have an opportunity to review and comment on a draft of the Board's Order before it becomes final. If <br /> you wish to do so,you must provide the Board with a written request to review the draft Order prior to or at the <br /> time of your hearing,or you must inform the Board orally during the hearing that you request to review the draft <br /> Order. The Board's attorney must receive your comments on the draft Order within three calendar days of the <br /> date the draft Order is e-mailed,unless that deadline is extended by the Board's attorney. Please submit all <br /> comments in writing,by e-mail or fax,to Mr.John Roberts, ij.robertsAstate.co.us, fax: 720-508-6037. <br /> 1313 Sherman Street, Room 215, Denver,CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I tiQ <br /> John W. Hickenlooper,Governor I Mike King, Executive Director I Virginia Brannon, Director <br /> 1876+�: <br />