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COLORADO <br /> Division of Reclamation, <br /> A;110Mining and safety <br /> Department of Natural Resources <br /> July 14, 2021 <br /> Tara Sanders <br /> 26650 Wheeler Creek Ln <br /> Steamboat Springs,CO 80487 <br /> RE: REASON TO BELIEVE A VIOLATION EXISTS AND NOTICE OF BOARD HEARING <br /> Wheeler Creek Pit(File No.M-2021-036) <br /> Dear Ms, Sanders: <br /> On June 8,2021, the Colorado Division of Reclamation, Mining and Safety(Division) conducted an inspection of <br /> the above referenced site(please see the attached inspection report). In the inspection report,the Division cited a <br /> possible violation for failure to first obtain a reclamation permit from the Mined Land Reclamation Board before <br /> engaging in a new mining operation as required by C.R.S. 34-32.5-109(1). <br /> Therefore, the Division has reason to believe a violation exists to the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials,C.R.S. 34-32.5-101 et sue., and has scheduled this matter to appear before <br /> the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the August 18-19, 2021 Board meeting for consideration of the <br /> possible violation and corrective actions.Notice is hereby given that the August 18-19, 2021 Board hearing will be <br /> held by a virtual ZOOM hearing.All exhibits and materials you wish for the Board to consider related to this alleged <br /> violation must be submitted via email to the Board Administrator, Camille Mojar at Camille,M(gotjstgllg,cqus no <br /> later than 5:00 p.m. on August 6,2021. Additionally, in order to receive an authorization code to attend the hearing <br /> please contact Camille Mojar via telephone at(303)866-3567, ext. 8136 or by email at the addresses above. Please <br /> note,only Parties and those who will be testifying may attend the meeting via ZOOM. All other interested persons <br /> may view the hearing via the Board's YouTube Channel at: <br /> hit"q s:/°'www.yo tub! .cgp!itfchannel/I.JC DrrAO8blIlFlOwee-yli l . . A. <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 money 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 for operating without a permit, the Board may issue an immediate Cease and Desist <br /> Order. Concurrently with the issuance of such an Order, the Board may seek a restraining order or injunction. An <br /> Operator who operates without a permit shall be subject to a civil penalty of not less than$1,000.00 dollars per day <br /> nor more than$5,000.00 per day for each day the land has been affected not to exceed 365 days. In addition to the <br /> civil penalties discussed previously,the Board shall also assess a civil penalty in an amount not less than the amount <br /> necessary to cover costs incurred by the Division in investigating the alleged violation. <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 E 303.832.8106 http://colorado.gov/DRMS <br /> Jared Polls, Governor f Dan Gibbs, Executive Director I Virginia Brannon, Director �,�' 7 <br />