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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 16, 2015 <br />Ed Supples <br />The Uncompahgre Valley Water Users Association <br />601 N. Park Avenue <br />Montrose, CO 81401 <br />RE: South D-20 Pit, Permit No. M-1992-102, Reason to Believe a Violation Exists and Notice of <br />Board Hearing `-, <br />Mr. Supples: <br />On July 17, 2015 the Division of Reclamation, Mining and Safety (Division) mailed notice to you <br />requiring a financial warranty increase in the amount of $83,673.00 be submitted within sixty days for the <br />above noted operation. To date, the required additional financial warranty has not been submitted to the <br />Division. Based on the findings we believe this is a violation of - <br />0 <br />£ <br />• C.R.S. 34-32.5-117(4)(c)(II) for failure to fulfill the new requirements within sixty (60) days of <br />notice of an adjustment to the financial warranty. <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 s___{c .,and have scheduled this matter to appear before the Mined Land Reclamation <br />Board (Board). <br />A Formal Public Hearing will be held during the November 18-19, 2015 Board meeting for consideration <br />of this possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, <br />Colorado, beginning at 9:00 a.m. on November 18, 2015 or as soon thereafter as the matter can be <br />considered. At the 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. 34-32.5- <br />123(2). If you have evidence indicating that the possible violation noted above does not exist or has been <br />corrected, please provide it to the Division as soon as possible or bring it to the hearing. <br />oF� � <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining. state. co. us 1 <br />* �N <br />John W. Hickentooper, Governor ( Mike King, Executive Director I Virginia Brannon, Director *, <br />1876 *' <br />