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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />July 20, 2011 <br />Mike Venable <br />Venable's Construction, Inc. <br />1041 N. Dumas Ave. <br />Dumas, TX 79029 <br />Dear Mr. Venable: <br />STATE OF COLORADO <br />RE: Formal Public Hearing Notice, Financial Warranty, Bond $48,000.00, <br />Valco T Pit, Las Animas County, Permit No. M- 2004 -043 <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M- 2004 -043 <br />require you to maintain a financial warranty in good standing for the entire life of the permit. On July 16, <br />2011 the financial warranty for this permit cancelled and was not renewed. On April 14, 2011 the Division <br />sent correspondence to you, requesting replacement of the required financial warrant by June 16, 2011. At <br />this time, a replacement financial warranty has not been provided to the Division. <br />Therefore, we have found there is reason to believe you are in violation of Permit M- 2004 -043 and the Law, <br />specifically: Failure to maintain a financial warranty in good standing for the life of the permit as required <br />by C.R.S. 34- 32.5- 117(6). <br />A Formal Public Hearing will be held during the August 10 and 11, 2011 Mined Land Reclamation Board <br />meeting for consideration of the violation as indicated in the Division's April 14, 2011 letter. The hearing <br />will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon <br />thereafter as the matter can be considered. Also, you have the right to be represented and heard at the <br />hearing. <br />If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in <br />the amount of $100.00 to $1000.00 for each day of violation, depending on permit type, or order the permit <br />be suspended, modified, or revoked. <br />NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY <br />OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.R.S. <br />34- 32.5 -120) UNTIL THE VIOLATION IS ABATED. <br />IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT A REPLACEMENT <br />FINANCIAL WARRANTY AS DESCRIBED IN C.R.S. 34- 32.5 -117, PRIOR TO THE AUGUST <br />BOARD MEETING. <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 <br />Office of <br />Mined Land Reclamation <br />Ji b, ) <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />