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COLORADO <br /> - 1 Division of Reclamation. <br /> Mining and Safety <br /> Department of Natural Resources <br /> June 14, 2023 <br /> Gary Kay <br /> Colorado Rose Red Inc. <br /> 7201 Worley Dr. <br /> Denver, CO 80221 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Colorado Rose Red Pit; Permit M-1978-332 <br /> Mr. Kay: <br /> On May 9, 2023, the Division of Reclamation Mining and Safety (Division/DRMS) sent its Third <br /> and Final Attempt letter for Verification of Financial Warranty Certificate of Deposit (CD). To <br /> date the Division has not received verification that the CD is currently being held at a financial <br /> institution with the State of Colorado as the beneficiary in the amount of$500.00. This <br /> Certificate of Deposit is currently serving as a portion of the required financial warranty for <br /> reclamation of the Colorado Rose Red Pit, M-1978-332. Based on these findings we believe this <br /> is a violation of: <br /> • C.R.S. 34-32.5-117(6)(a)for failure to maintain financial warranties in good standing for <br /> the entire life of any permit issued under this article. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sec-., and <br /> have scheduled this matter to appear before the Mined Land Reclamation Board ("MLRB" or <br /> "Board"). <br /> A Formal Public Hearing will be held during the July 19-20, 2023 Board Meeting for <br /> consideration of this possible violation.The hearing will be held at 1313 Sherman Street, Room <br /> 318, Denver, Colorado, beginning at 9:00 a.m. on July 19th or as soon thereafter as the matter <br /> can be considered. In order to be considered at the hearing, all exhibits, materials and witness <br /> testimony you wish for the Board to consider must be submitted via email to the MLRB <br /> Administrator, Camie Mojar at: dnr drms mlrb-submittalsstate.co.us, no later than 5:00 PM, <br /> July 17, 2023. <br /> If you have good cause not to appear in person you must submit a request to the MLRB to <br /> appear virtually(via ZOOM). To do so, please submit an email to the MLRB Administrator, no <br /> pF [ply <br /> y4[ �F�r <br /> Rm 215, 1001 E 62nd Ave, Denver CO 80216 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> Jared S. Polis, Governor , Dan Gibbs, Executive Director I Virginia Brannon, Director <br />