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ATCOLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />July 21, 2015 <br />Connie Davis <br />Aggregate Industries - WCR, Inc. <br />1687 Cole Blvd., Ste. 300 <br />Golden, CO 80401 <br />Re: Aggregate Industries - WCR, Inc., <br />Cooley Reservoir and Fulton Wildlife Area, DRMS File No. M-1999-034, <br />Reason to Believe a Violation Exists and Notice of Board Hearing <br />Dear Ms. Davis: <br />The Division of Reclamation, Mining and Safety (Division) inspected the Cooley Reservoir and Fulton <br />Wildlife Area site on July 2, 2015, and again on July 9, 2015 (please see the previously provided inspection <br />report). Based on observations described in the inspection report, the Division has reason to believe the <br />Operator has failed to minimize disturbances to the prevailing hydrologic balance of the surrounding area. <br />We believe this is a violation of: <br />• C.R.S. 34-32.5-116(4)(h), for failure to minimize disturbance to the prevailing hydrologic balance. <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 et ss ., and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the August 26-27, 2015, Board Meeting for consideration of <br />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 August 26, 2015, or as soon thereafter as the matter can be considered. <br />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 to <br />appear, an order and money judgment may be entered against you. In addition, failure to appear <br />at the hearing may result in legal consequences including, but not limited to, loss of party status and <br />your ability to seek reconsideration from the Board or seek judicial appeal in district 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 pursuant to C.R.S. 34-32.5-124(7). <br />ov, colo <br />n O <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining. state. co. us <br />John W. Hickentooper, Governor i Mike King, Executive Director i Virginia Brannon, Director . 1g76 + <br />