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August 9,2021 gRADti <br /> Division <br /> on of Reclamation, <br /> Ago Mining and Safety <br /> Deb Rudibaugh n =aF Nay a� <br /> 5291 CR 76 <br /> Parlin,CO 81239 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> RE: Rudibaugh Pit,Permit#M-1995-057,Notice of Possible Forfeiture of Financial Warranty <br /> Mrs. Rudibaugh: <br /> On July 21,2021 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 your <br /> financial warranty,in the amount$11,574.00,assigned to the State of Colorado/Mined Land Reclamation <br /> Board. <br /> The Operator failed to comply with the conditions of a Board Order issued on March 11, 2021. Pursuant <br /> to C.R.S. 34-32.5-124(6)(a)the Board made a determination,after a hearing held March 19, 2021,that a <br /> violation of the permit provisions exists and revoked the permit. In addition,the Board found that the <br /> above referenced financial warranty is subject to forfeiture. Pursuant to C.R.S. 34-32.5-118(1)and Rule <br /> 4.20(1)of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the <br /> Extraction of Construction Materials(Rules),the Board may order the forfeiture of the financial <br /> warranty. Please find enclosed a copy of the Board Order,issued July 21, 2021, and the financial <br /> warranty for the Rudibaugh Pit. <br /> A Formal Public Hearing will be held during the October 20-21,2021 Board Meeting for consideration of <br /> this possible violation. The hearing will be held at 1313 Sherman Street,Room 318,Denver,Colorado, <br /> beginning at 9:00 a.m. on October 20 or as soon thereafter as the matter can be considered. <br /> In order to be considered at the hearing, all exhibits,materials and witness testimony you wish for the <br /> Board to consider must be submitted via email to the MLRB Administrator, Camille Mojar <br /> at: Camille.mojarkstate.co.us,no later than 5:00 PM,October 8,2021. <br /> Please note the meeting format is subject to change due to the impacts of COVID-19.You will be notified <br /> as soon as possible of any changes to the meeting format. If you have good cause not to appear in person <br /> you may submit a request to the MLRB to appear virtually via(ZOOM). To do so please submit an email <br /> to the MLRB Administrator,no later than 5:00 PM,October 8,2021 for Board consideration. If approved <br /> you will receive an authorization code to attend the meeting for this matter. Please note that only Parties <br /> and those who will be testifying may attend by ZOOM.All other interested persons may attend the <br /> hearing via the MLRB YouTube Channel: https://www.youtube.com/channel/UCDrrAO8bIPFlOwce- <br /> yHIfWA <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.You must include your mailing address and,if <br /> possible, an email address.You will be provided a copy of the draft Order for your review as soon as it is <br /> available. The Board must receive your comments on the draft Order within ten(10)calendar days of the <br /> a� cola <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 />