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COLORADO RECEIVED
<br /> jikCDivision of Reclamation,
<br /> DNR Mining and Safety APR 2 9 2024
<br /> Department of Natural Resources
<br /> Colorado Division of Reclamation,
<br /> Mining and Safety
<br /> 'April 17, 2024
<br /> Owen Robertson
<br /> Twin Buttes Land Co., LLC
<br /> PO Box 190
<br /> Rangely, CO 81648
<br /> RE: Wagner Pit, File No. M-2023-038, Notice of Continuance and Consent Agenda Agreement
<br /> Dear Mr. Robertson:
<br /> On February 27, 2024 the Division of Reclamation, Mining and Safety (Division) mailed a Reason to
<br /> Believe (RTB) a violation exists and Notice of Enforcement Hearing regarding File, No. M-2023-038.
<br /> This matter was scheduled to appear before the Mined Land Reclamation Board during the April 17-
<br /> 18, 2024 hearing. On April 16, 2024, the Division received a permit application for the above
<br /> mentioned site however the application was deemed incomplete.This notice is to inform you that
<br /> this matter is being continued a Formal Public hearing will be held during the May 15-16, 2024,
<br /> Board Meeting.
<br /> Please find enclosed the Staff Summary Form for Consent Agenda Items (consent form) for the
<br /> possible violation at the site. In this matter the Division will assess a civil penalty in the amount of
<br /> one thousand dollars ($1,000) for 50 days of violation for a total of$50,000.00 plus the 16 hrs. of
<br /> staff time. This is a total civil penalty of $50,906.00 ($50,000 civil penalty + $906 staff time). The
<br /> Board will suspend a portion of the assessed civil penalty with the exception of$1,906.00 ($1,000
<br /> civil penalty+$906 staff time), if the corrective action is completed to the satisfaction of the Division
<br /> within the deadline specified. If you concede to the violation, corrective actions and civil penalties,
<br /> please affix your notarized signature on the enclosed consent form and return the signed form,with
<br /> original signatures, to the Division no later than May 3, 2024. Upon receipt of the signed and
<br /> notarized consent form the item will be moved from the Board's agenda for enforcement hearings
<br /> to consent items and there will not be a formal Board hearing regarding the possible violation.
<br /> However, if you wish to contest the possible violation or any of the conditions of the enclosed
<br /> consent form, please inform the Division at your earliest convenience and do not sign the consent
<br /> form. In the absence of a signed and notarized consent form,the formal Board hearing will proceed
<br /> as scheduled for May 15-16, 2024.
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<br /> 1 Physical Address: 1313 Sherman Street, Room 215, Denver,CO 80203 P 303.866.3567 F 303.832.8106 p
<br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov `*.-, ; 1j,"Y *'
<br /> Jared S. Polls,Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director *.-,t(, ),',"Y
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