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,A t <br /> 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 /> November 8, 2016 <br /> /Wagner Rock Pit <br /> Jay Wagner <br /> 1850 E Is` St <br /> Craig, CO 81625 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing,Wagner Rock,Permit <br /> v No. M-1999-018 <br /> Mr. Wagner: <br /> On August 8, 2016,the Division of Reclamation, Mining and Safety(Division)issued a Notice of Surety <br /> Increase(SI-2)for Wagner Rock(Permit M-1999-018)which was due October 7,2016 and not received. <br /> We believe these are violations of: <br /> • C.R.S. 34-32.5-117(4)(c)(11)a financial warrantor shall have sixty days after the date of notice of <br /> any adjustments to fulfill the new requirements. <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 sue., and have scheduled this matter to appear before the Mined Land Reclamation <br /> Board. <br /> A Formal Public Hearing will be held during the December Board Meeting for consideration of these <br /> possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, <br /> beginning at 9:00 a.m. on December 151, 2016 or as soon thereafter as the matter can be considered. At <br /> that 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 /> 124(7). Pursuant to C.R.S. 34-32-124(6)(a): Upon a determination, after hearing,that a violation of a <br /> Op•COS <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I I,y` OI <br /> * <br /> John W. Hickenlooper, Governor I Robert Randall, Executive Director) Virginia Brannon, Director * k , <br /> *�876 <br />