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COLORADO <br /> Division of Reclamation, <br /> -AV <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> May 11, 2016 <br /> Arnold's Custom Seeding <br /> Attn: James Simpson <br /> 4626 WCR 65 <br /> Keenesburg, CO 80643 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Prospect Clay Borrow Pit; Permit No. M-2016-022 <br /> Dear Mr. Simpson: <br /> On May 9, 2016, the Division conducted an inspection of an unpermitted borrow site near the <br /> intersection of Weld County Roads 69 and 16. The site was located in an agricultural field and <br /> was approximately 2 acres in size. Topsoil had been removed and reserved in windrows and an <br /> excavation approximately 2-3 feet deep had occurred on approximately 1/4 of the disturbed area. <br /> The excavated material was being used for an off-site construction project. <br /> Based on the findings of the inspection we believe this is a violation pursuant to: <br /> • C.R.S. 34-32.5-109(1) for failure to obtain from the board or office a reclamation permit <br /> prior to engaging in a new operation. <br /> Therefore,the Division has reason to believe that a violation exists to the Mined Land Reclamation <br /> Act, C.R.S. § 34-32.5-101 et Seq., and have scheduled this matter to appear before the Mined Land <br /> Reclamation Board. <br /> A Formal Public Hearing will be held during the June 22-23,2016 Board Meeting for consideration <br /> of this possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br /> Colorado, beginning at 9:00 a.m. on June 22, 2016 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 <br /> fail to appear, an order and financial judgment may be entered against you. In addition, <br /> failure to appear at the hearing may result in legal consequences including, but not limited <br /> to, loss of party status and your ability to seek reconsideration from the Board or seek <br /> judicial appeal in district court. <br /> aF CpfD�.,, <br /> �e 90, <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I n I <br /> John W. Hickenlooper, Governor I Robert Randall, Interim-Executive Director Virginia Brannon, Director -`rays <br />