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DNR <br />Co <br />+COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Naturat Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />/August 15, 2017 <br />r/Dana J. Caccamise II <br />10560 Arbor Park Place <br />San Diego, CA 92131 <br />RE: Reason to Believe a Violation Exists and Notice of Board Hearing <br />Red Cone, NOI No. P-201=1-093 <br />Dear Mr. Caccamise: <br />Pursuant to C.R.S. 34-32-116(4), Hard Rock Rule 5.6, and the condition of NOI No. P-2014-003, you <br />are required to submit $86.00 in annual fees and an annual report and map by the anniversary date of the <br />NOI, which is September 17`h of each year. As of the date of this correspondence, the Division has not <br />received the Annual Fees, Annual Reports, and Annual Maps due September 17, 2015, and 2016. <br />Therefore, the Division has reason to believe this is a violation of C.R.S. 34-32-116(4), Hard Rock Rule <br />5.6, and the conditions of NOI No. P-2014-003 and have scheduled this matter for consideration by the <br />Mined Land Reclamation Board (Board) pursuant to C.R.S. 34-32-124(1). <br />A Formal Board Hearing will occur during the September 27-28, 2017 Board meeting for consideration <br />of these possible violations. The hearing will be held at 1313 Sherman Street, Room 318, Denver, <br />Colorado, beginning at 9:00 a.m. on September 27, 2017 or as soon thereafter as the matter can be <br />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 hearing. If you fail <br />to appear, an order and financial 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 your <br />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- <br />124(7). Pursuant to C.R.S. 34-32-124(6)(a), the Board may order the NOI be suspended, modified, or <br />revoked. Pursuant to C.R.S. 34-32-118, the Board may determine the financial warranty subject to <br />forfeiture. If you have evidence indicating the possible violations do not exist or have been corrected, <br />please provide it to the Division as soon as possible or bring it to the hearing. <br />OF� CO <br />t <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. Hickentooper, Governor i Robert W. Randait, Executive Director i Vi^ginia Brannon, Director <br />re-r� <br />