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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman St. Room 215 <br />Denver, CO 80203 <br />August 27, 2018 <br />Fred F. Wilson <br />Way Up High Mining Company, LLC <br />95 Nettle Creek Road <br />Carbondale, CO 81623 <br />RE: Digging the Blues Lode (Permit No. M-2015-009) <br />REASON TO BELIEVE A VIOLATION EXISTS AND <br />NOTICE OF BOARD HEARING <br />Dear Mr. Wilson: <br />C.R.S. 34-32-116 (3) and (4) and Permit No. M-2015-009 require you to submit to the Division of <br />Reclamation, Mining and Safety (the "Division") an annual fee, map and report, due on or before July <br />24 of each year. The annual fee required for your permit is $259.00. As of the date of this letter the <br />Division has not received your submittal. <br />Therefore, the Division has reason to believe this is a violation of C.R.S. 34-32-116(3) and (4) et seq. <br />and the provisions of your Permit No. M-2015-009 and has scheduled this matter to appear before the <br />Mined Land Reclamation Board (Board), pursuant to C.R.S. 34-32-124, <br />A Formal Public Hearing will be held during the October 24-25, 2018 Board meeting (or the second <br />day of a two day meeting) in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 <br />a.m. or as soon thereafter as the matter can be considered. You will have the opportunity to present <br />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 money judgment may be entered against you. In addition, failure to <br />appear at the hearing may result in legal consequences including, but not limited to, loss of party <br />status and your ability to seek reconsideration from the Board or seek judicial appeal in district <br />court. <br />If you submit all past due annual fees, reports, and maps by October 19, 2018, this matter will be <br />withdrawn from Board consideration and the scheduled hearing will be vacated. <br />If the Board finds a violation at this hearing, it may revoke the permit, issue a Cease and Desist Order <br />and/or assess a Civil Penalty in the amount of $50.00 to $200.00 for each day of violation pursuant to <br />C.R.S. 34-32-124. If you have evidence indicating that the possible violations noted above do not exist <br />or have been corrected, please provide it to the Division as soon as possible. Any information to be <br />1313 Sherman St. Room 215 Denver, CO 80203 P 13031 866-3567 F <br />John W. Hickenlooper, Governor l Robert W. Randall, Executive Director ; Virginia Brannon, Director <br />of cozl <br />`C <br />70 <br />f <br />