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DNR COLORADO <br /> Co Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street,Room 215 <br /> Denver,Colorado 80203 <br /> June 3,2016 <br /> Dan Hunt <br /> Asphalt Specialties Co, Inc. <br /> 10100 Dallas St <br /> Henderson, CO 80640 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Chavers Mining Resource,File M-2015-030 <br /> Mr. Hunt: <br /> On May 27, 2016,the Division of Reclamation, Mining, and Safety(Division)observed that mining activity at the <br /> site listed above had commenced prior to the issuance of a reclamation permit. Pursuant to C.R.S. 34-32.5-123(2), <br /> the Division believes this is a violation of: <br /> • C.R.S. 34-32.5-109(1)for failure to first obtain a reclamation permit from the Mined Land Reclamation <br /> Board before engaging in a new mining operation. <br /> Therefore, the Division has reason to believe a violation exists to the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials, C.R.S. 34-32.5-101 et sq., and has scheduled this matter to appear before <br /> the Mined Land Reclamation Board. <br /> A Formal Board Hearing will be held during the June 22-23, 2016 Board meeting for consideration of these <br /> possible violations. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,beginning at <br /> 9:00 a.m. on June 22nd or as soon thereafter as the matter can be considered. At the hearing you will have the <br /> 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 financial 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$1,000.00 to $5,000.00 for each day of violation pursuant to C.R.S. 34-32.5-123(2). If you have <br /> evidence indicating the possible violations noted above do not exist or have been corrected,please provide it to <br /> 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 /> time of your hearing,or you must inform the Board orally during the hearing that you request to review the draft <br /> Order. The Board's attorney must receive your comments on the draft Order within three calendar days of the date <br /> the draft Order is e-mailed,unless that deadline is extended by the Board's attorney. Submit all comments in <br /> writing,by e-mail or fax,to John J. Roberts,First Assistant Attorney General,Colorado Department of Law, <br /> (720) 508-6037 (fax),or John.Roberts@coag.gov. <br /> o too. <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mimng.state.co.us f /,41 \ 0\ <br /> John W. Hickenlooper, Governor I Robert Randall, Interim-Executive Director I Virginia Brannon, Director <br />