COLORADO
<br /> Division
<br /> g ofand ReclamationSafety ,
<br /> CDNR
<br /> Department of Natural Resources
<br /> May 31, 2024
<br /> Attn: Matt Collins
<br /> George E. Otten
<br /> 1508 Ridge Rd
<br /> Nederland, CO 80466
<br /> RE: Mackey Mine(Permit No. M-1984-013)
<br /> REASON TO BELIEVE A VIOLATION EXISTS AND
<br /> NOTICE OF BOARD HEARING
<br /> Dear Mr. Collins:
<br /> C.R.S. 34-32-116(3) and (4) and Permit No. M-1984-013 require you to submit to the Division of
<br /> Reclamation, Mining and Safety (Division) an annual fee, map, and report, due on or before May 14 of
<br /> each year. The annual fee required for your permit is $259.00. As of the date of this letter, the Division
<br /> has not received your submittal.
<br /> Therefore, the Division has reason to believe this is a violation of C.R.S. 34-32-116(3) and(4) et seq. and
<br /> the provisions of your Permit No. M-1984-013 and has scheduled this matter to appear before the Mined
<br /> Land Reclamation Board(Board or MLRB),pursuant to C.R.S. 34-32-124.
<br /> A Formal Public Hearing will be held during the July 17-18, 2024 Board meeting for consideration of this
<br /> possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,
<br /> beginning at 9:00 a.m. on July 17, 2024, 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 by 5:00 PM on July 5,2024, via email to the MLRB Administrator.
<br /> You must also provide a list of all witnesses, if any, to the MLRB Administrator, Camille M. Mojar at:
<br /> dnr_drms_mlrb-submittals@state.co.us,no later than 5:00 PM, July 5, 2024.
<br /> If you have good cause not to appear in person, you must submit a request to the Board to appear virtually
<br /> (via ZOOM). To do so,please submit an email to the MLRB Administrator, no later than 5:00 PM on July
<br /> 5, 2024, for Board consideration. If approved, you will receive an authorization code to attend the
<br /> meeting for this matter. Please note that only Parties and those who will be testifying may participate
<br /> in the hearing. All other interested persons may observe the hearing via the Board YouTube Channel at:
<br /> https://www.voutube.com/channel/UCDrrA08bIPFlOwce-yHlfWA.
<br /> If the Board finds a violation at this hearing, it may issue a cease-and-desist order pursuant to C.R.S.
<br /> 34-32-124(2)(a); suspend, modify, or revoke the permit pursuant to C.R.S. 34-32-124(6)(a); assess a civil
<br /> penalty in the amount of $50.00 to $200.00 for each day of violation pursuant to C.R.S. 34-32-124(7);
<br /> and/or find the financial warranty subject to forfeiture pursuant to C.R.S. 34-32-118. If you have evidence
<br /> indicating that the possible violation noted above does not exist or has been corrected,please provide it to
<br /> the Division as soon as possible or bring it to the hearing. Any information to be considered by the Board
<br /> during the hearing must he received by the Division on or before July 5. 2024.
<br /> k <.ttlr
<br /> Physical Address: 1313 Sherman Street,Room 215,Denver,CO 80203 P 303.866.3567 F 303.832.8106 ( , ' 0
<br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave,Denver,CO 80216 https:/Idrms.colorado.gov R'' . ''
<br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Michael A.Cunningham, Director + ;a 1,
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