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AIMM COLORADO <br /> larm <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street,Room 215 <br /> Denver,Colorado 80203 <br /> October 17, 2014 <br /> Kendra Schlachter <br /> Holyoke Gun Club <br /> 45037 Co. Rd.24 <br /> Holyoke, CO 80734 <br /> Re: Holyoke Gun Club Pit; Permit No. M-1977-075; Reason to Believe a Violation Exists and Notice of <br /> Board Hearing <br /> Kendra Schlachter: <br /> On September 15,2014,the Division of Reclamation,Mining and Safety(Division)conducted an inspection of <br /> Holyoke Gun Club Pit(Permit M-1977-075)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. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from slides or damages <br /> occurring during the mining operation <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 19th 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$100.00 to$1,000.00 for each day of violation. If you have evidence indicating that the possible <br /> violations noted above do not exist or have been corrected,please provide it to the Division as soon as possible or <br /> 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 /> c� COto <br /> aw � <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 /> t 1 76 <br />