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COLORADO <br /> �/ Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> June 20, 2019 <br /> Blain Klett <br /> 14092 5875 Road <br /> Montrose, CO 81401 <br /> RE: REASON TO BELIEVE A VIOLATION EXISTS AND NOTICE OF BOARD HEARING; KLETT PIT; DRMS FILE <br /> NO. M-2019-033 <br /> On June 7, 2019, in response to a written citizen complaint,the Division of Reclamation, Mining and Safety <br /> (Division) conducted an inspection of an excavation site known as the Klett Pit, File No. M-2019-033, and <br /> nearby lands (please see attached inspection report). During the inspection approximately 3.0 acres were <br /> found to be affected by mining operations where an estimated 12,000 cubic yards of material was <br /> excavated and 500 cubic yards was removed from the site. <br /> The Division believes this is in violation of the Colorado Land Reclamation Act for the Extraction of <br /> Construction Materials,C.R.S. 34-32.5-101 et.seq.,Specifically C.R.S. 34-32.5-109(1)as amended forfailure <br /> to obtain a Mined Land Reclamation Permit prior to engaging in a new mining operation. Therefore, the <br /> Division has found reason to believe a violation of the Law exists and has scheduled this matter before the <br /> Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the July 24-25, 2019 Board Meeting for consideration of the <br /> possible violation. The Formal Public Hearing on July 24, 2019 will occur in Room 318 of 1313 Sherman <br /> Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. At <br /> the 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 appear an <br /> order and financial judgment may be entered against you. In addition,failure to appear at the hearing may <br /> 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/or assess a Civil <br /> Penalty in the amount of$1000.00 to$5000.00 for each day of violation pursuant to C.R.S.34-32.5-123(2). <br /> If you have evidence indicating that the possible violations noted above do not exist or have been corrected, <br /> please provide it to the Division as soon as possible or bring it to the hearing. <br /> Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's <br /> Order before it becomes final. If you wish to do so,you must provide the Board with a written request to <br /> review the draft Order prior to or at the time of your hearing, or you must inform the Board orally during <br /> the hearing that you request to review the draft Order. The Boards attorney must receive your comments <br /> O, <br /> F c9z <br /> Z\ \D:P <br /> pi <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://mining.state.co.us * r, *, <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />