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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, CO 80203 <br />September 3, 2015 <br />Rick Wilson <br />ciuuray 79 Mining, LLC <br />13020 FM 1641 <br />Forney, TX 75126 <br />RE: MINE OPERATION WANAKAH MINE - DRMS File No. P-2013-010 <br />REASON TO BELIEVE A VIOLATION EXISTS AND NOTICE OF BOARD HEARING <br />C.R.S. 34-32-116(4), Rule 5.6, and your notice of intent require you to submit to the Division of Reclamation, <br />Mining and Safety (Division) $86.00 in annual fees and an annual report on or before July 23`d of each year. As <br />the date of this letter, the Division has not received your Annual Fee for year 2014. <br />Therefore, the Division has reason to believe this is a violation of C.R.S. 34-32-116(4) et seq., Rule 5.6, and <br />your notice of intent, and have scheduled this matter to appear before the Mined Land Reclamation Board <br />(Board), pursuant to C.R.S. 34-32-124. <br />A Formal Public Hearing will be held during the October 28-29, 2015 Board Meeting for consideration of <br />these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, <br />beginning at 9:00 a.m. on October 28, 2015, or as soon thereafter as the matter can be considered. At that <br />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 to <br />appear an order and money judgment may be entered against you. In addition, failure to appear at <br />the hearing may result in legal consequences including, but not limited to, loss of party status and <br />your ability to seek 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 <br />Penalty in the amount of $100.00 to $1,000.00 for each day of violation pursuant to C.R.S. 34-32-124(7). If <br />you have evidence indicating that the possible violations noted above do not exist or have been corrected, <br />please provide 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 <br />final. If you wish to do so, you must provide the Board with a written request to review the draft Order <br />prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you <br />request to review the draft Order. The Board's attorney must receive your comments on the draft order <br />within three calendar days of the date the draft Order is e-mailed, unless that deadline is extended by the <br />Board's attorney. Submit all comments in writing, by e-mail or fax, to Mr. John Roberts, <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 />