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41/ <br /> COLORADO <br /> AT <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver,CO 80203 <br /> September 26, 2014 <br /> Fred Marvel <br /> Brannan Sand and Gravel Company, L.L.C. <br /> 2500 East Brannan way <br /> Denver, CO 80229 <br /> Re: Brannan Sand and Gravel Company, DRMS Permit No. M-1986'-183, <br /> Pit 29, Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Dear Mr. Marvel: <br /> The Division of Reclamation, Mining and Safety (Division) inspected the above-referenced site and <br /> adjacent lands on September 18, 2014 (please see the enclosed inspection report). The inspection report <br /> describes unapproved structures and pumping of mine water outside the permit area. We believe these <br /> are violations of. <br /> • C.R.S. 34-32.5-116(1) for failing to follow the approved reclamation plan, and <br /> • C.R.S. 34-32.5-116(4)(i), for failure to protect areas outside of the affected land from slides or <br /> damages occurring during the mining operation. <br /> Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br /> C.R.S. 34-32.5-101 e_t sue., and have scheduled this matter to appear before the Mined Land <br /> Reclamation Board. <br /> A Formal Public Hearing will be held during the October 29-30, 2014 Board Meeting for consideration <br /> of these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br /> Colorado, beginning at 9:00 a.m. on October 29, 2014 or as soon thereafter as the matter can be <br /> considered. At that hearing you will have the opportunity to present your defense. <br /> This is an important legal proceeding and you must appear in person for this hearing. If you fail <br /> to appear an order and money judgment may be entered against you. In addition, failure to <br /> appear at the hearing may result in legal consequences including, but not limited to, loss of party <br /> status and your ability to seek reconsideration from the Board or seek judicial appeal in district <br /> court. <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 <br /> 1313 Sherman Street, Room 215,Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I i <br /> John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director ' "' <br />