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1000LORADO <br /> .4 Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> February 27,2023 <br /> Scott Stewart/Robert Lee <br /> #17 Enterprises,LLC <br /> P.O. Box 88 <br /> DeBeque CO 81630 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> K-Bar-T Pit; Permit No.M-1978-221 <br /> Mr. Stewart/Lee: <br /> On November 2,2022,the Division of Reclamation Mining and Safety(Division)conducted an <br /> inspection of the K-Bar-T Pit(Permit.No M-1978-221). On November 4,2022 the Division issued an <br /> inspection report which included two inspection problems. First the Permittee no longer owns the <br /> property, and has no failed to maintain legal right of entry. Secondly base on site conditions,the <br /> reclamation cost estimate was updated and the current financial warranty was found to be inadequate.A <br /> Notice of Surety Increase(SI-3)in the amount of$5,516.14 for a total bond amount of$18,315.00 to be <br /> submitted within sixty days (January 3,2023). To date the required additional financial warranty has not <br /> been submitted nor has Legal Right of Entry been provided to the Division and we believe this a violation <br /> of. <br /> • C.R.S. 34-32.5-117(4)(c)(ii) and Rule 4.2.1(2) a financial warrantor shall have sixty days after <br /> the date of notice of any adjustments to fulfill the new requirements <br /> • Rule 6.3.7 Provide documentation of legal right to enter to conduct mining and reclamation <br /> • C.R.S. 34-32-124(1) failure to comply with Conditions of the Permit. <br /> Therefore,the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act <br /> for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sea., and the provisions of your <br /> Permit No. M-1978-221,and has scheduled this matter to appear before the Board. <br /> A Formal Public Hearing before the Mined Land Reclamation Board(the"Board")has been scheduled <br /> during the April 19-20,2023 Board meeting. The hearing will be held at 1313 Sherman Street,Room 318, <br /> Denver, Colorado,beginning at 9:00 a.m. on April 19-20,2023 or as soon thereafter as the matter can be <br /> considered. Dnr dims mlrb-submittalsna,state.co.us. <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 by 5:00 PM on April 7,2023 via email to the Board Administrator. <br /> You must also provide a list of all witnesses, if any,to the Board Administrator,Camille M. Mojar at: <br /> dnr drms mlrb-submittals&state.co.us,no later than 5:00 PM,April 7,2023. <br /> oFA ion. <br /> . ? \01 <br /> 1313 Sherman Street, Room 215, Denver,CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> Jared S. Polis,Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />