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�� ►�-M l <br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />COLORADO <br />Phone: (303) 67 <br />D I V I S I O N O F <br />RECLAMATION <br />FAX: (303) 832 -8106 <br />2 -810 <br />MINING <br />SAFETY <br />August 16, 2013 <br />1 <br />John W. Hickenlooper <br />Govemor <br />Mr. Donald O Rooks <br />Mike King <br />14241 Canyon Vine Cove <br />Executive Director <br />Draper, UT 84020 <br />Loretta E. Pineda <br />Director <br />Re: North River Pit, Permit M- 1999 -007 <br />Reason to Believe a Violation Exists for Failure to Maintain Financial Warranty <br />Mr. Rooks: <br />The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M- 1999 -007 <br />require you to maintain a financial warranty in good standing for the entire life of the permit. On February <br />26, 2013 First National Bank of the Rockies informed the Division of Reclamation, Mining and Safety that <br />Letter of Credit No. 010 -04, in the amount of $25,900.00 would not be extended past the maturity date of <br />July 4, 2013. A replacement Financial Warranty was required to be submitted prior to August 15, 2013. <br />The Division has not received a replacement financial warranty; therefore, there is a reason to believe you <br />are in violation of permit M- 1999 -007 and the Law, specifically C.R.S. 34- 32.5- 117(6)(a) and Construction <br />Materials Rule 4.1(7). <br />This matter has been scheduled to appear before the Mined Land Reclamation Board. A Formal Public <br />Hearing will be held during the September 18 -19, 2013 Board Meeting for consideration of this possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at <br />9:00 a.m. on September 18th or as soon thereafter as the matter can be considered. At that hearing <br />you will have the opportunity to be represented and heard. It will be reiterated that there is reason to <br />believe that you are in violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and /or assess a Civil <br />Penalty in the amount of $100.00 to $1,000.00 for each day of violation. If you have evidence indicating <br />that the possible violation noted above does not exist or has been corrected, please provide it to us as <br />soon as possible or bring it to the hearing. <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 <br />to review the draft order prior to or at the time of your hearing, or you must inform the Board orally <br />during the hearing that you request to review the draft order. You must include your mailing address <br />and, if possible, a fax or email address. You will be provided a copy of the draft order by e-mail for your <br />review as soon as it is available, unless a hard copy by mail is requested. The Board's attorney must <br />receive your comments on the draft order within three calendar days of the date the draft order is e- <br />mailed, unless that deadline is extended by the Board's attorney. Submit all comments in writing, by e- <br />mail or fax, to Mr. John Roberts, i*,roberts@state.co.us Fax: number 720 - 508 -6037. Please note that <br />Office of <br />Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />