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COLORADO <br /> C4� <br /> ` 0 Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman St. Room 215 <br /> Denver, CO 80203 <br /> December 9,2019 <br /> Raymond F.Difani <br /> P.O. Box 4777 <br /> Breckenridge,CO 80424 <br /> Re: Avalanche#7(NOI P-2007-051)REASON TO BELIEVE A VIOLATION EXISTS AND <br /> NOTICE OF BOARD HEARING <br /> Mr. Difani: <br /> C.R.S. 34-32-116(4), Rule 5.6, and your notice of intent require you to submit to the Division of <br /> Reclamation, Mining and Safety (Division) an annual fee, map and report,due on or before <br /> November 28 of each year. The annual fee required for your permit is$86.00. As of the date of this <br /> letter the 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(4)et seq., Rule <br /> 5.6, and your notice of intent, and has scheduled this matter to appear before the Mined Land <br /> Reclamation Board(Board), pursuant to C.R.S.34-32-124. <br /> A Formal Public Hearing will be held during the January 22, 2020 Board meeting(or the second day <br /> of a two day meeting)for consideration of these possible violations. The hearing will be held in <br /> Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. on January 22, 2020 or <br /> as soon thereafter as the matter can be considered. You will have the opportunity to present your <br /> defense. <br /> If you submit all past due annual fees, reports, and maps by January10, 2020, this matter will be <br /> withdrawn from Board consideration and the scheduled hearing will be vacated. <br /> This is an important legal proceeding and you must appear in person for this hearing. If you <br /> fail 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 <br /> party status and your ability to seek reconsideration from the Board or seek judicial appeal in <br /> district court. <br /> If the Board finds a violation at this hearing, it may revoke the notice of intent, issue a Cease and <br /> Desist Order and/or assess a Civil Penalty in the amount of$100.00 to $1,000.00 for each day of <br /> violation pursuant to C.R.S. 34-32-124(7). If you have evidence indicating that the possible <br /> violation(s)noted above do not exist or have been corrected, please provide it to the Division as soon <br /> as possible or bring it to the hearing. <br /> � b <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P (303)866-3567 F(303)832-8106 https://mining.state.co.us <br /> Jared Potis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />