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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />April 6, 2015 <br />Dave Hornung <br />Kit Carson County <br />P.O. Box 160 <br />Burlington, CO 80807 <br />Re: Dorsch Pit; Permit No. M- 1998 -060; Reason to Believe a Violation Exists and Notice of Board Hearing <br />Dave Hornung: <br />On March 26, 2015, the Division of Reclamation, Mining and Safety (Division) conducted an inspection of Dorsch <br />Pit (Permit M- 1998 -060) and nearby lands (please see attached inspection report). During the inspection, areas <br />were found outside the affected land that the Division believes have been damaged by the mining operations. <br />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 se q., and have scheduled this matter to appear before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the May 27 -28, 2015 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 May 27th or as soon thereafter as the matter can be considered. At that hearing you will have the <br />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 an <br />order and money judgment may be entered against you. In addition, failure to appear at the hearing may <br />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 in <br />the amount of $1000.00 to $5,000.00 for each day of violation pursuant to C.R.S. 34- 32.5- 123(2). If you have <br />evidence indicating that the possible violations noted above do not exist or have been corrected, please provide <br />it to the Division as soon as 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. <br />If you wish to do so, you must provide the Board with a written request to review the draft Order prior to or at <br />the time of your hearing, or you must inform the Board orally during the hearing that you request to review the <br />draft Order. The Board's attorney must receive your comments on the draft Order within three calendar days of <br />�OF C0 <br />w <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us I IEe <br />oi <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director <br />VJR76. <br />