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AVW 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 22, 2017 <br />Adam Schultejann <br />120 85 LLC <br />I0925 East 1201h Avenue <br />Henderson, Colorado 80640 <br />Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br />1201h Estates Partners, DRMS Permit No. M-2001-085 <br />Dear Mr. Schultejann, <br />On March 15, 2017, the Colorado Division of Reclamation, Mining and Safety (Division) <br />conducted an inspection of the above referenced site (please see the attached inspection report). <br />In the inspection report, the Division cited that the Operator has not submitted to the Division in <br />their annual reports the groundwater level monitoring data as required by the permit. Based on <br />the findings of the inspection, the Division believes this is a violation pursuant to: <br />• C.R.S. § 34-32.5-124 for failure to comply with the conditions of a permit. <br />• Rule 1.15(1)(c) for failure to provide all monitoring information required as part of <br />the approved Reclamation Plan with the Annual Report. <br />Therefore, the Division has reason to believe a violation exists to the Mined Land Reclamation <br />Act, C.R.S. § 34-32.5-101 et seq., and has scheduled this matter to appear before the Mined Land <br />Reclamation Board. <br />A Formal Board Hearing will be held during the July 26-27, 2017 Board meeting for <br />consideration of this possible violation. The hearing will occur at 1313 Sherman Street, Room <br />31 S, Denver, Colorado, beginning at 9:00 a.m. on July 26, 2017, or as soon thereafter as the <br />matter can be considered. 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 hearinLy. If <br />you fail to appear, an order and financial judgment may be entered against you. In <br />addition, failure to appear at the hearing may result in legal consequences including, but <br />not limited to, loss of party status and your ability to seek reconsideration from the Board <br />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 <br />a Civil Penalty in the amount of $100.00 to $1,000.00 for each day of violation, pursuant to <br />C.R.S. § 34-32.5-124(7). Pursuant to C.R.S. § 34-32.5-124(6)(a), the Board may suspend, <br />modify, or revoke the permit. If you have evidence indicating the possible violation noted above <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 Mike King, Executive Director , Virginia Brannon, Director <br />