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COLORADO <br />Division of Reclamation, <br />ATL' Mining and Safety <br />Depart-nent of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />August 16, 2017 <br />Ralph Porco <br />111 50 FDR 255 <br />La Jara, CO 81140 <br />RE: Porco Pit, Permit No. AI -2004-043, Reason to Believe a Violation E.rists and Notice of Board <br />Hearing <br />Mr. Porco: <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 />Sign and markers were not in place. <br />Based on the findings of the inspection we believe this is in violation of: <br />Rule 3.1.12 <br />Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br />C.R.S. 34-32.7-101 cwt 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 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 the 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 />that the possible violation(s) noted above do not exist or have been corrected, please provide it to tate <br />Division as soon as possible or bring it to the hearing. <br />aw � c z <br />Tf +F;t, x7 <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 , Robert Randall, Executive Director I Virginia Brannon, Director <br />