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dCOLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> September 13, 2022 <br /> Richard Bower <br /> James H&Kathleen H Ross <br /> 595 Taylor St. <br /> Craig, CO 81625 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Ross Pit, Permit No. M-1990-134 <br /> Mr. Bower: <br /> On June 28, 2022, the Division of Reclamation Mining and Safety(Division) made the third and <br /> final attempt to verify your Financial Warranty held with the Bank of the West. To date no <br /> documentation has been provided to verify the required Financial Warranty is in good standing. <br /> Based these findings we believe this is a violation of: <br /> • C.R.S. 34-32.5-117 (6)(a) for failure to maintain the Financial Warranty for the entire life <br /> of any permit issued. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land <br /> Reclamation Act, C.R.S. § 34-32.5-101 et sea., and have scheduled this matter to appear before <br /> the Mined Land Reclamation Board(MLRB). <br /> A Formal Public Hearing will be held during the November 16-17, 2022 Mined Land <br /> Reclamation Board Hearing. This Board hearing will be held by a virtual Zoom hearing. In order <br /> to receive an authorization code to attend the hearing,please contact Camille Mojar via <br /> telephone at 303-866-3567, ext. 8136 or at the email address above. Please note that only <br /> Parties and those who will be testifying may attend the Board hearing by ZOOM. All other <br /> interested persons may view the hearing via the Board's YouTube Channel at: <br /> https://www.youtube.com/channel/UCDrrA08blPFlOwce-yHlfwA. <br /> If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and assess a <br /> Civil Penalty in the amount of$100.00 to $1,000.00 for each day of violation,pursuant to C.R.S. <br /> 34-32.5-124(7). Pursuant to C.R.S. 34-32.5-124(6)(a), the Board may suspend, modify, or <br /> revoke the permit. If you have evidence indicating that the possible violation noted above does <br /> not exist or has been corrected,please provide it to the Division as soon as possible or bring it to <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us *{ o <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br /> . 1876 * , <br />