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COLORADO <br />7 <br />Division of Reclamation, <br />AMining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />February 9, 2014 <br />DUMB AND DUMBER TRUCKING, LLC <br />Brian Barton <br />16653 Hwy. 14 <br />Sterling, CO 80751 <br />Re: DUMB AND DUMBER TRUCKING, LLC, DRMS Permit No. M- 2000 -149, <br />Reason to Believe a Violation Exists and Notice of Board Hearing <br />Dear Brian Barton: <br />The Division of Reclamation, Mining and Safety (Division) received verification on November 17, 2014 <br />from the Colorado East Bank and Trust indicating the letter of credit provided as financial warranty was <br />in active (see attached copy of letter). The Division has not received a replacement financial warranty. <br />We believe this is a violation of: <br />• C.R.S. § 34- 32.5 - 117(6) for failure to maintain the financial warranty in good standing for the <br />life of a permit. <br />Violations of a permit are also enforceable pursuant to § C.R.S. 34- 32.5 -124. <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 seq., and have scheduled this matter to appear before the Mined Land <br />Reclamation Board. <br />A Formal Public Hearing will be held during the March 25 -16, 2015 Board Meeting for consideration of <br />these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br />Colorado, beginning at 9:00 a.m. on March 25, 2015 or as soon thereafter as the matter can be <br />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 />o �0 <br />Q <br />(N x x 0 <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. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon Director <br />