a A 0 February 7, 2020 . Division of Reclamation, Mining and Safety Daniele Treves Department of Natural Resources Colorado Stone Quarries, Inc. siziszeggasgzs?geet? Room 215 1 Marble Quarry Road Marble, CO 81623 RE: The Pride of America Mine, Permit No. M-I 999-05 8, Reason to Believe a Violation Exists and Notice of Board Hearing Mr. Treves: On or around October 11, 2019 a diesel fuel spill occurred at the Pride of America Mine. The spill occurred during the relocation process for the site generator and associated fuel tanks. The generator and tanks were moved from their approved location to a new location on Franklin Ridge. The new location was not approved by the Division of Reclamation, Mining and Safety (Division), through an appropriate permit revision, prior to the move. The spill released approximately 5,500 gallons of diesel onto the ground. Based on these ?ndings we believe this is in violation of: l. C.R.S. 34-32.5-116 for unauthorized release of pollutants to groundwater; 2. C.R.S. 34-32.5-116 for failure to minimize disturbance to the prevailing hydrologic balance with regards to water quality; and 3. C.R.S. for failure to comply with the conditions of the permit. Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq., and have scheduled this matter to appear before the Mined Land Reclamation Board (Board). A Formal Public Hearing will be held during the March 25-26, 2020 Board meeting for consideration of this possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 am. on March 25, 2020 or as soon thereafter as the matter can be considered. At the hearing you will have the opportunity to present your defense. This i_s an important legal proceeding and you must app ear in person or i_s ear in g. If you fail to appear an order and money judgment may be entered against you. In addition, failure to appear at the hearing may result in legal consequences including, but not limited to, loss of party status and your ability to seek reconsideration from the Board or seek judicial appeal in district court. Colorado Stone Quarries, Inc. February 6, 2020 If the Board ?nds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a civil penalty in the amount of $100.00 to $1,000.00 for each day of violation. If you have evidence indicating that the possible violation(s) noted above do not exist or have been corrected, please provide it to the Division as soon as possible. Following the hearing, all parties have an opportunity to review and comment on a draft of the Board?s Order before it becomes ?nal. If you wish to do so, you must provide the Board with a written request to review the draft Order prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you request to review the draft Order. You must include your mailing address and, if possible, an email address. You will be provided a copy of the draft Order for your review as soon as it is available. The Board must receive your comments on the draft Order within ten (10) calendar days of the date the draft Order is mailed, unless that deadline is extended. Please note that the Division has requested and will be allowed to review and comment on the draft Boar (1 Or der prior to ma iling to any 9am. Please submit all comments in writing to: Charles Kooyman, Colorado Department of Law, Business and Licensing Section, 1300 Broadway, 8th Floor Denver, CO, 80203, (720) 508-6440 (phone) (720) 508-6037 (facsimile), or charles.kooyman@coag.gov. The Board will resolve any issues regarding the form of the Order. This process does not affect your right to request reconsideration by the Board or appeal the substance of the Order. Please contact Camille Mojar of the Division at (303) 866-3567 ext. 8136 on the Monday prior to the Board Hearing to confirm exactly which day your item will appear before the Board. If you have any questions about this letter or the hearing, please contact Dustin Czapla at (303) 866-3567 ext. 8188 or dustin.czapla@state.co.us. Since 1y, {41 Virginia Brannon Division Director CERTIFIED MAIL NO. 7017 2400 0000 9119 0405 Return Receipt Requested Cc: Russ Means, DRMS Denver Travis Marshall, DRMS GJFO Dustin Czapla, DRMS GJFO Page 2 of 2 i Wives )ertified Mail service provides the-following benefits: Restricted Delivery Merchandise Signature Con?mrlationm ngistered Mail Restricted Neill El Retum Receipt for El Signature Con?rmation l:l Priority Mail Express? El Registered MailTM Domestic Return Receipt i Mail Restricted Delivery El Adult Signature Restricted Delivery 30) El Certi?ed Mall? El Certi?ed Mali Restricted Delivery Ci Collect on Delivery El Collect on Delivery Restricted Delivery 3. Service Type r1 Mali El Adult Signature i A receipt (this portion of the Certi?ed Mail label). for an electronic return receipt, see a retail 5 A unique identi?er for your mailpiece. associate lor assistance. To receive a duplicate l" Electronic veri?cation of delivery or attempted return receipt tor "0 additional present this i oz; delivery. USP??-poslmarked Certified Mail receipt to the i Arecordoi?mgin 5 5 3 8 0 Signature) that is retained by the Postal Service? 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Fora hardcopy return receipt, (D . 63- u: 2: complete PS Form 381 1, Domestic Helum i 0 l? 0- Receipt,- attach PS Form 3811 to your maiipiecc; IMPORTANT: Save this receipt tor your records. 0 '0 ?2 i 3 Form 3800, April 2015 (Reverse) PSN 7530-02-000?9047 Daniele Treves Colorado Stone Quarries, Inc. 1 Marble Quarry Road Marble, CO 81623 so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front if space permits. I Print your name and address on the reverse 1 Articln Addrnecarl {in- Complete items atLlra? i it: 1313 Sherman Street, Room 215 Den rer, CO 80203?2243 1 Division of Reclamation, 341300000 i Mining and Safety 0? i i i Deparm? 7 9590 9402 2543 6306 1177 34 9. Article Number (Transfer from service IabeD 701? ElliJEi ?ill?i Eli-lUS 5 PS Form 3811, July 2015 PSN Hi i