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A7COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> May 19, 2016 <br /> PerJohansson <br /> Aspen Smuggler Mine LLC <br /> 420 East Main Street, Suite 210 <br /> Aspen, CO 81611 <br /> RE: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Smuggler Mine, Permit No. M-1995-097 <br /> Dear Mr.Johansson: <br /> Pursuant to C.R.S. 34-32-116(3) and (4), and the conditions of Permit No. M-1995-097,you are <br /> required to submit$259 in annual fees and an annual report and map by the anniversary date of <br /> the Permit, by January 141h of each year. As of the date of this correspondence,the Division has <br /> not received the map, due January 14, 2015; and the annual fee, report and map, due January 14, <br /> 2016. <br /> Therefore,the Division has reason to believe this is a violation of C.R.S. 34-32-116(3) and (4), and <br /> the conditions of Permit No. M-1995-097, and have scheduled this matter for consideration by the <br /> Mined Land Reclamation Board (Board), pursuant to C.R.S. 34-32-124(1). <br /> A Formal Board Hearing will occur during the June 22-23, 2016 Board meeting for consideration of <br /> these possible violations. The hearing will be held at 1313 Sherman Street, Room 318, Denver, <br /> Colorado, beginning at 9:00 a.m. on June 22"d, or as soon thereafter as the matter can be <br /> considered. At that nearing 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 financial judgment may be entered against you. In addition, failure to appear <br /> at the hearing may result in legal consequences including, but not limited to, loss of party status <br /> and 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 <br /> Civil Penalty in the amount of$50 to $200 for each day of violation, pursuant to C.R.S. 34-32- <br /> 124(7). Pursuant to C.R.S. 34-32-124(6)(a),the Board may order the Permit be suspended, <br /> modified, or revoked. If you have evidence indicating the possible violations do not exist or have <br /> been corrected, 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 <br /> becomes final. If you wish to do so, you must provide the Board a written request to review the draft <br /> a,r•co;� <br /> CA <br /> I <br /> 1313 Sherman Street, Room 215,Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us *'a+ rt'* <br /> John W.Hickenlooper, Governor I Robert Randall, Interim-Executive Director I Virginia Brannon, Director **f'4 <br />