Laserfiche WebLink
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 />December 10, 2015 <br />Toltec No. 2 <br />Mr. Wilbur F. Benham <br />16417 KQNK Road <br />P.O. Box 66 <br />Norton, KS 67654 <br />Re: Toltec No. 2; Permit No. M-1984-039; Reason to Believe a Violation Exists and Notice of Board <br />Hearing <br />Mr. Benham: <br />On October 6, 2015, the Division of Reclamation, Mining and Safety (Division) mailed notice to you requiring a <br />financial warranty increase in the amount of $5,936.00 be submitted within sixty days. This was to be received <br />by the Division no later than December 4, 2015. To date, the required financial warranty has not been submitted <br />to the Division. The Division has reason to believe this is a violation of: <br />• C.R.S. 34-32-117(4) (c) (II) for failure to provide the additional required financial warranty within sixty <br />days. <br />Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br />C.R.S. 34-32-101 et seq., and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the January 27-28, 2016 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 January 27, 2016 or as soon thereafter as the matter can be considered. At that hearing you will <br />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 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 $50.00 to $200.00 for each day of violation pursuant to C.R.S. 34-32-124 (7). If you have <br />evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it <br />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. 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 />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, Govemor 1 Mike King, Executive Director 1 Virginia Brannon, Director <br />