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ATCOLORADO <br />Division of Reclamaxion, <br />Mining and Safety <br />Depa t to d of Natural Rebources <br />1313 Sherman SLree,, Room 215 <br />Denver, Czlorado 80203 <br />March 25, 2016 <br />Randy Schater <br />Phillips County <br />221 S. Lite,veea„ Ave. <br />Holyoke, CU 80734 <br />Re: Rea3v„ to Believe a Violation Exists and Notice of Board Hea,;,,g <br />Rafert Pit (Permit No. M-2004-052) <br />Dear Mr. Schater: <br />Un March 9, 20167 The D;vision of Reclamation, Mining, and Satet} (Division) ell„duetud a„ inspection of the <br />Ratert Pit (Permit No. M-2004-052) a„d „ea,by lands tplease see the attached inspection report). Du,i„g the <br />i„apeet,o„ the Division observed evidence of uncontrolled erosio„ iv The affected lands and associated damage to <br />ott-site lands. Based o„ the f„di„gs of the inspection report, the Division believes this i3 i„ violation of- <br />C.R.Q. 34-32.5-116(4)(1), for tailure to protect area Outside of the affected land trom slides or damages <br />oceu,ri„g dt,ring the mining operation: and <br />• C.R.S. 34-32.5-1 ltj(4)d), for tailure to stabilize and protect all su,fa%C aicas of the affected land as to <br />ettectively control erosiu,,. <br />Theretore, the Divi3iv„ l,a ,eason to believe a violation exists to the Colorado Land Reelai„ation Act for the <br />Extraction of Construction Materials, C.R.S. 34-32.D-101 et sem., and has scheduled this matter to appea, beto,e <br />the Milled La„d Reclamation Board. <br />A Formal Public Hearing xx ill be held during die Ap, it 27-28. 2016 Board Meeting for consideration of these <br />possible violatio„3. The hearing will be held in Room 318 of 1313 Sherman St,ect, De„ve,, Colorado, beginning <br />at 9:00 a.m. on April 27”' or as soon the,eafte, a the matter can be considered. At that hearing you vv;ll have The <br />oppvrtu„it) to present your detense. <br />This is an important legal proceeding a„d you ,,,,,st appear in person for this hearing If you fail to appea, <br />a„ aide, a„d money judgment may be entered against you. I„ add;t;uuu, failure to appear at the hearing <br />may result in legal conseque„eea ;,,ciuding, but not limited to, loss of party status and yuu, ability to seek <br />, econsideration from the Board or seek judicial appeal ;,, d;st, ict court. <br />If the Board tends a violation at this hearing, it ,,,ay i33ue a Cease and Desist Urder and/or assess a Civil Pe„alto <br />in the a,,,vu„ t of $100.00 to $1,000.00 for each day of violation pursues„t TO C.R.S. 34-32.5-124(7). It you have <br />evidence indicating the possible v;vlatio„s noted above do not exist or have been corrected, plea3e p,ovide it to <br />The Division as soon as possible or bring it to the hearing. <br />All parties have an opportunity to review and cuiiiiiinit on a draft of the Board's Urder betore it becomes f„al. If <br />you with to do so; you must provide the Board with a written request tu ,ev;e%v the draft urder prior to or at the <br />time of your hearing, or you ,,,uat i„ fv,,,, the Board orally during the hearing that you request to ,ev,ew the draft <br />Oder. The Board's attorney must receive your comments e„ the daft Order «itnin three calendar days of the <br />oF' C <br />1313 Sherman street, Room 21-3, Den�er, Cu 80203 P 303.866.3567 F 303.832.8106 Mttp: min;n5.stata.Cv.a. <br />JuPfn W. RiCRen[UUpei, c,wer, or I Ru6er, Ranaad[. Interim Executive Director virg;n6a 6,annon, DirectorIt <br />ti- 1 <br />*,876 <br />