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0 ' COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> May 16, 2019 <br /> Mr. Steven Hunter <br /> PO Box 3938 <br /> Breckenridge CO 80424-3938 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Hunter Unpermitted Site; File No. M-2018-052 <br /> Mr. Hunter, <br /> Pursuant to the corrective actions for Violation No. MV-2018-038, the Board required the submittal of a 110(l) <br /> reclamation only permit, complete for filing purposes,within 90 days of the date of the Board Order(no later than <br /> April 25, 2019), and obtain approval of the application within statutory deadlines. <br /> The Board assessed a civil penalty of$5,000.00, and suspended $4,500.00 of the civil penalty if the Operator <br /> complied with the corrective action by the deadline specified. To date, a complete reclamation only permit <br /> application has not been submitted for File No. M-2018-052. <br /> Based on the failure to submit a 110(1) reclamation only pennit, complete for filing purposes by April 25, 2019 <br /> we believe this is a violation pursuant to: <br /> • C.R.S. 34-32-124(1) for failure to comply with the condition of an order, permit, or regulation. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Mined Land Reclamation Act, <br /> C.R.S. § 34-32-101 et se_q., and have scheduled this matter to appear before the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the June 26-27, 2019 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 June 26, 2019 or as soon thereafter as the matter can be considered. At that hearing you will have <br /> 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 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 a Cease and Desist Order and assess a Civil Penalty in <br /> the amount of$50.00 to$200.00 for each day of violation, not to exceed 60 days, pursuant to C.R.S. 34-32- <br /> 123(3). If you have evidence indicating that the possible violation noted above does not exist or has been <br /> corrected, please provide it to the Division as soon as possible or bring it to the hearing. Any information to be <br /> considered by the Board during the hearing must be received by the Division on or before June 7, 2019. <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 inform the Board orally during the hearing that you request to review the draft <br /> 13 13 5 5, P, 215, D ar. Co 5,zJ2.`3 7 3, Sc .3 36 3;3.S3- . <br />