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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 />March 6, 2012 <br />Darren Gebhart <br />McAtee Construction Co. <br />220 Edwards Ave. <br />Sterling, CO 80751 <br />RE: Reason to Believe a Violation Exists at the Green Bros Pit No. 2; DRMS File <br />No. M- 1995 -030 <br />Dear Mr. Gebhart, <br />Based on the findings of the inspection we believe that this is a violation of: <br />STATE OF COLORADO <br />On February 27, 2012 the Division of Reclamation, Mining and Safety (Division) conducted an <br />inspection of the Green Bros Pit No. 2 located approximately 1 mile north of Fort Morgan, <br />Colorado and found the following: <br />The product stockpile area, which encompasses 3.51 acres, is located outside of the western <br />permit boundary. <br />• C.R.S. 34- 32.5 - 109(1) for failure to first obtain from the board or office a <br />reclamation permit prior to engaging in a new operation. <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 />Therefore, we have reason to believe that a violation exists to DRMS File Number M- 1995 -030 <br />and to the Law, and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the April 11 and 12 2012 Board Meeting for <br />consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginning at 9:00 a.m. on April 11 or as soon thereafter as the matter <br />can be considered. At that hearing you will have the opportunity to be represented and heard. It <br />will be reiterated that there is reason to believe that you are in violation of the provisions noted <br />above. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and /or assess <br />a Civil Penalty in the amount of $ 1,000.00 to $5,000.00 for each day of violation. If you have <br />evidence indicating that the possible violations noted above do not exist or have been corrected, <br />please provide it to us as soon as possible or bring it to the hearing. <br />Office of Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />