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R <br />FC*0X1 <br />O ctober 8, 2014 <br />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 />Shad Peabody <br />Skranska USA Civil West Rocky Mountain District Inc. <br />22419 County Road G <br />P.O. Box 1660 <br />Cortez, CO 81321 <br />Re: Skranska USA Civil West Rocky Mountain District Inc., Red Mesa Pit, DRMS Permit No. <br />M- 2009 -023, Reason to Believe a Violation Exists and Notice of Board Hearing <br />Dear Shad Peabody: <br />On March 18, 2014, the Division of Reclamation, Mining and Safety (Division) conducted an inspection <br />of the Red Mesa Pit and found the following: The Operator has failed to maintain sufficient financial <br />warranty for assuring completion of reclamation of affected lands. <br />On April 3, 2014, the Division mailed notice to you requiring a financial warranty increase in the <br />amount of $10,692.99 to be submitted within 60 days of the date of notice. To date, the required <br />additional financial warranty has not been submitted to the Division. We believe this is a violation o£ <br />C.R.S. § 34- 32.5- 117(4)(c)(II) and Construction Materials Rule 4.2.1(2) for failure to post <br />additional financial warranty within 60 days of the date of notice of adjustment. <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 has 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 you will have 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 <br />to appear an order and money judgment 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 />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 />, ov -. Co <br />0, <br />`* 1876 <br />