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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 /> June 15, 2017 <br /> Glacier Gravel Products <br /> Jim Helmericks <br /> 995 Highway 3 <br /> Durango, CO 81301 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing,J& J Pit,Permit No. <br /> M-1985-001 <br /> Mr. Helmericks: <br /> On April 11, 2017 The Division of Reclamation, Mining and Safety(Division)mailed notice to you <br /> requiring a financial warranty increase to the amount of$47,390.00 be submitted within sixty days for <br /> the above noted operation. To date,the required additional financial warranty has not been submitted to <br /> the Division. The Division believes this may be a violation pursuant to: <br /> • C.R.S. 34-32.5-117(4)(c)(II) for failure to post the additional required Financial Warranty <br /> within sixty days after date of notice. <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 July 26-27, 2017 Board Meeting for consideration of <br /> these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br /> Colorado, beginning at 9:00 a.m. on July 26, 2017 or as soon thereafter as the matter can be considered. <br /> At 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 or each day of violation pursuant to C.R.S. 34-32.5- <br /> 123(2). Upon a determination, after hearing,that a violation of a permit provision has occurred,the Board <br /> may suspend, modify, or revoke the pertinent permit. If you have evidence indicating that the possible <br /> violations noted above do not exist or have been corrected, please provide it to the Division as soon as <br /> oF' <br /> Few%A. a Pso <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us *, ;_,F) ** <br /> John W. Hickentooper, Governor I Robert Randall, Interim Executive Director I Virginia Brannon, Director <br /> *�8 <br />