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STATE OF COLORADO
<br />/ DIVISION OF RECLAMATION, MINING AND SAFETY
<br />f/ 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 />January 8, 2008
<br />;/ -. Duane E. Hollenbeck
<br />P. O. Box 902
<br />Gunnison, Colorado 81230
<br />Re: Hollenbeck 110, Permit No. M-1985-023, Reason to Believe a Violati1 o Exists
<br />Dear Mr. Hollenbeck:
<br />Bill Ritter, Jr.
<br />Governor
<br />Harris D. Sherman
<br />Executive Director
<br />Ronald W. Cattany
<br />Division Director
<br />Natural Resource Trustee
<br />On August 20, 2007 the Division of Reclamation, Mining and Safety (DBMS) mailed notice to you and required that an
<br />adequate financial warranty in the amount of $19,029.00 be submitted to DBMS no later than September 12, 2007. To
<br />date, this financial warranty has not been received by DBMS. Therefore, the site is currently under-bonded.
<br />The Division believes this is in violation of Section 34-32.5-117(4) ofthe Colorado Land Reclamation Act for the Extraction of
<br />Construction Materials 34-32.5-101 et. sec .., C. R. S. 1984 as Amended.
<br />Therefore, the Division has found reason to believe a violation exists to Permit M-1985-023 and the Law and has scheduled this
<br />matter before the Mined Land Reclamation Board.
<br />A Formal Public Hearing will be held during the February 14-15, 2008 Mined Land Reclamation Board meeting for
<br />consideration of the violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at
<br />9:00 a.m. or as soon 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 the amount of
<br />$100.00 to $1,000.00 for each day of violation or order the permit be suspended, modified, or revoked. In addition it may set the
<br />matter for consideration of forfeiture of the current $15,716.00 financial warranty at a subsequent hearing. If you have evidence
<br />indicating that the possible violation(s) noted above do not exist or have been corrected, please provide it to us as soon as
<br />possible or bring it to the hearing.
<br />Following the hearing, the parties have an opportunity to review and comment on a draft of the Board's order if requested. If
<br />you wish to do so, you must provide the Board with a written request to review the draft order at or before your hearing, or you
<br />may request to review the draft order at the hearing. An oral request to review the draft order must be made on the record
<br />during the hearing. You must include your mailing address and, if possible, a fax number. You will be provided a copy of the
<br />draft order for your review as soon as it is available. Please note that the Division has requested the opportunity to review the
<br />draft order in this matter. The Board must receive any written comment within seven days following the mailing of the draft
<br />order, unless that deadline is extended for good cause. Submit all comments in writing to Roxane Baca, Assistant Attorney
<br />General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, telephone no. (303) 866-5273, fax no. (303) 866-5395. The
<br />Board will resolve any issues regarding the form of the order. This process does not affect your right to request reconsideration
<br />by the Board or appeal the substance of the order.
<br />IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT ADEQUATE FINANCIAL WARRANTY AS
<br />DESCRIBED IN C.R.S. 34-32-117, BY FEBRUARY 1, 2008. Financial Warranty forms are available for downloading from
<br />www.mining.state.co.us/Mineral%20Forms.htm .
<br />~~
<br />COLORADO
<br />D (VISION O F
<br />RECLAMATION
<br />MINING
<br />- &-
<br />SAF ETY
<br />Office of Office of
<br />Mined Land Reclamation Denver Grand lundion Duraneo arri.,o ~.,,~ i,.~.-+;.,o ~~:..o~
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