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October 27, 2020 <br />Dwayne Hall <br />101 F Street <br />Salida, CO 81201 <br />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 />RE. Blue Rose, Permit No. M-2014-016, Notice of Possible Forfeiture of Financial Warranty <br />Mr. Hall: <br />On January 22, 2020 the Colorado Mined Land Reclamation Board (Board) directed the Division of <br />Reclamation, Mining and Safety (Division) to schedule a hearing for consideration of forfeiture of the <br />following financial warranty assigned to the State of Colorado/Mined Land Reclamation Board: <br />Bond No. Amount Type <br />9076004044 $4,600.00 Cash <br />Pursuant to C.R.S. 34-32-124(6)(a) the Board made a determination, after hearing held January 22, 2020, <br />that a violation of the permit provisions exists and revoked the permit. In addition, the Board found that <br />the above referenced financial warranty is subject to forfeiture. Pursuant to C.R.S. 34-32-118(1) and Rule <br />4.20 (1) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard <br />Rock, Metal, and Designated Mining Operations (Rules), the Board may order the forfeiture of the <br />financial warranty. Please find enclosed a copy of the Board Order, issued March 5, 2020, and the <br />financial warranty for the Blue Rose mine. Dwayne Hall, the permittee, failed to comply with the <br />conditions of a Board Order issued on March 5, 2020. <br />A Formal Board Hearing will be held during the December 1617, 2020 Board meeting for consideration <br />of forfeiture of the financial warranty listed above. At that hearing, the Division will present evidence <br />that Dwayne Hall remains in violation of the Mined Land Reclamation Act, and the March 5, 2020 Board <br />Order. Therefore it will be asserted that the referenced financial warranty should be forfeited. <br />Due to the impacts of COVID-19 on availability of State facilities and Division resources, notice is <br />hereby given the December 16 —17, 2020 Mined Land Reclamation Board (MLRB) hearing will be <br />by a virtual Zoom hearing. The Formal Public Hearing will occur beginning at 9:00 a.m. or as soon <br />thereafter as the matter can be considered. At the hearing the Division will reiterate the financial <br />warranty should be forfeited. You will have the opportunity to be represented and heard. <br />Please contact Camille M. Moiar of the Division at (303) 866-3567 ext. 8136 on the Monday prior to the <br />Board Hearing to confirm exactly which day your item will appear before the Board. All exhibits and <br />materials you wish for the board to consider must be submitted by December 4, 2020 via email to the <br />MLRB Administrator. You must also provide an email of all parties to the MLRB Administrator, Camille <br />Mcjar, via phone at 303-866-3567, ext 8136 or via email at: Camille.mojar(a state.co.us, no later than <br />5:00 PM, December 11, 2020 in order to receive an authorization code to attend or to request a <br />continuance of the matter. Please note that only those who will be testifying may attend by ZOOM. <br />All other interested parties may attend the hearing via the MLRB YouTube Channel: <br />hiips://www.youtube.com/channel/TJCDrrAO8blPFlOwce-yHlfWA <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />