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COLORADO <br /> AMVDivision of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> February 13, 2019 <br /> Schmidt Site <br /> Dale and Ellen Schmidt <br /> 472 Meadows Dr. <br /> Pagosa Springs, CO 81147 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing,Schmidt Site,Permit No. <br /> M-2011-014; <br /> Dear Mr. and Mrs. Schmidt: <br /> Effective February 6, 2019 the Division of Reclamation,Mining and Safety(Division)denied Technical <br /> Revision 01 (TR-01)for failure to address the items raised in the Adequacy Review dated November 29, <br /> 2019. TR-01 was a requirement of Mined Land Reclamation Board Order MV-2018-018,therefore we <br /> believe this is a violation of: <br /> • C.R.S. 34-32.5-124 for failure to comply with the conditions of an order,permit or regulation. <br /> Specifically the condition of Board Order MV-2018-018. <br /> Therefore,the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br /> C.R.S. 34-32.5-101 et Leg.,and have scheduled this matter to appear before the Mined Land Reclamation <br /> Board. <br /> A Formal Public Hearing will be held during the March 27-28,2019 Board Meeting for consideration of <br /> these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br /> Colorado,beginning at 9:00 a.m. on March 27,2019 or as soon thereafter as the matter can be considered. <br /> 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 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 pursuant to C.R.S. 34-32.5- <br /> 124(7). Pursuant to C.R.S. 34-32.5-124(6)(a): Upon a determination, after hearing,that a violation of a <br /> permit provision has occurred,the Board may suspend,modify, or revoke the pertinent permit. If you <br /> °V-co�oP <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I "� �' o <br /> John W. Hickenlooper, Governor I Robert Randall, Interim Executive Director) Virginia Brannon, Director <br /> 1876 � <br />