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ICOLORADO <br /> A17 <br /> June 15,2018 <br /> Joe Montoya <br /> White Wolf Construction & Landscaping, LLC <br /> 24541 Hwy 12 <br /> Trinidad,CO 81082 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Possible Un-permitted Mining Operation <br /> White Wolf Construction Borrow Pit,Permit No.M-2018-029 <br /> Dear Mr. Montoya: <br /> On May 31,2018, the Colorado Division of Reclamation, Mining and Safety(Division)conducted an inspection <br /> of the above referenced site(please see the attached inspection report). In the inspection report,the Division cited <br /> a possible violation for failure to first obtain a reclamation permit from the Mined Land Reclamation Board <br /> before engaging in a new mining operation as required by C.R.S. 34-32.5-109(1). <br /> Therefore,the Di%ision has reason to believe a violation exists to the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials,CKS. 34-32.5-101 et ss .,and has scheduled this matter to appear before <br /> the Mined Land Reclamation Board. <br /> A Formal Board Hearing will be held during the July 25-26,2018 Board meeting for consideration of these <br /> possible violations. The hearing will be held at 1313 Sherman Street, Room 318, Denver,Colorado,beginning at <br /> 9:00 a.m. on July 25'`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 for operating without a permit,the Board may issue an immediate Cease and Desist <br /> Order. Concurrently with the issuance of such an Order,the Board may seek a restraining order or injunction. An <br /> Operator who operates without a permit shall be subject to a civil penalty of not less than $1,000.00 dollars per <br /> day nor more than$5,000.00 per day for each day the land has been affected not to exceed 365 days. In addition <br /> to the civil penalties discussed previously, the Board shall also assess a civil penalty in an amount not less than <br /> the amount necessary to cover costs incurred by the Division in investigating the alleged violation. If you have <br /> evidence indicating the possible violations noted above do not exist or have been corrected, please provide it to <br /> the Division as soon as possible. Any information to be considered by the Board during the hearing must be <br /> received by the Division before July 13,2018. <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 /> .'3. Dd ?£ ..i.i ... u'.Y: Spa'P _.)1 u,;` <br /> { is !t• y ti^ <br /> 7:' G . <br />