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AvCOLORADO <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 22, 2017 <br />Alamosa County <br />Tim DeHerrera <br />P.O. Box 178 <br />Alamosa, CO 81101 <br />RE. Alamosa County Pit No.], Permit No. M-2001-108, Reason to Believe a Violation Exists and <br />Notice of Board Hearing <br />Mr. DeHerrera: <br />On May 15, 2017 the Division of Reclamation, Mining and Safety (Division) conducted an inspection of <br />the above referenced operation (see attached inspection report) and found the following: <br />Land has been affected outside the permit area. <br />Based on the findings of the inspection we believe this is in violation of- <br />C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside the permit area from damage during <br />the mining operation. <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 sem., and have scheduled this matter to appear before the Mined Land Reclamation <br />Board (Board). <br />A Formal Public Hearing will be held during the July 26-27, 2017 Board meeting for consideration of this <br />possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, <br />beginning at 9:00 a.m. on July 26, 2017 or as soon thereafter as the matter can be considered. At the <br />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. If you have evidence indicating <br />o� f�dta <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor i Robert Randatl, Executive Director I Virginia Brannon, Director <br />1876 �` <br />