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1 <br /> COL. RAC <br /> Division of Reclamation. <br /> Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver.Colorado 80203 <br /> August 27, 2018 <br /> Mark Mayer <br /> Precision Drilling& Blasting, Inc. <br /> PO Box 189 <br /> Alma, CO 80420 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Pensaukee Lode,File No.P-2018-015 <br /> Dear Mr. Mayer: <br /> On July 27, 2018, the Colorado Division of Reclamation, Mining and Safety(Division) conducted an inspection <br /> of the above referenced site(please see the attached inspection report). The Division observed approximately 1.12 <br /> acres of affected land had been disturbed by prospecting activities. In the inspection report,the Division cited a <br /> possible violation for failure to first file a notice of intent with Mined Land Reclamation Board before engaging in <br /> prospecting activities as required by C.R.S. 34-32-113(1). <br /> Therefore, the Division has reason to believe a violation exists to the Colorado Mined Land Reclamation Act, <br /> C.R.S. 34-32-101 et sue., and has scheduled this matter to appear before the Mined Land Reclamation Board. <br /> A Formal Board Hearing will be held during the September 26-27, 2018 Board meeting for consideration of this <br /> possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,beginning at <br /> 9:00 a.m. on September 26'or as soon thereafter as the matter can be considered. At the hearing you will have the <br /> 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 appear, <br /> an Order and financial judgment may be entered against you. In addition,failure to appear at the hearing <br /> may result in legal consequences including,but not limited to,loss of party status and your ability to seek <br /> reconsideration from the Board or seek judicial appeal in district court. <br /> If the Board finds a violation at this hearing, it may issue an immediate Cease and Desist Order pursuant to C.R.S. <br /> 34-32-123(1). A prospector who operates without filing a notice of intent shall be subject to a civil penalty of not <br /> less than $50.00 dollars per day nor more than$200.00 per day for each day the land has been affected not to <br /> exceed 60 days pursuant to C.R.S. 34-32-123(3). If you have evidence indicating the possible violations noted <br /> above do not exist or have been corrected, please provide it to the Division as soon as possible. Any information <br /> to be considered by the Board during the hearing must be received by the Division before September 14, 2018. <br /> All parties have an opportunity to review and comment on a draft of the Board's Order before it becomes final. If <br /> you wish to do so, you must provide the Board with a written request to review the draft Order prior to or at the <br /> time of your hearing, or you must orally request to review the draft Order during the hearing. The Board's <br /> attorney must receive your comments on the draft Order within three calendar days of the date the draft Order is <br /> e-mailed, unless that deadline is extended by the Board's attorney. Submit all comments in writing, by e-mail or <br /> fax, to Charles J. Kooyman, Assistant Attorney General, (720) 508-6037 (fax), or Charles.Koo n�u,coag.goX. <br /> The Division has requested and will be allowed to review and comment on the draft Board Order. <br /> ,�Y tsar <br /> !� <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http:!/mmmg.state.co.us - <br /> John W. Hickenlooper, Governor I Robert Randall, Executive Director I Virginia Brannon, Director <br /> { <br /> x � <br /> h,6 <br />