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AVCOLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of!`Natural Resou,ces <br /> 1313 Sherman Street,Room 215 <br /> Denver,Colorado 80203 <br /> October 13, 2016 <br /> Greg Westoff <br /> Morgan Sand and Gravel Inc. <br /> 21215 Hwy 52 <br /> Ft Morgan, CO 80701 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Failure to Comply with Board Order,Possible Revocation of Permit and Finding Financial <br /> Warranty Subject to Forfeiture <br /> Westoff Pit; DRMS Permit M-1977-094 <br /> Mr. Westoff: <br /> The Board Order for Violation MV-2016-033, effective July 5, 2016, required Morgan Sand and Gravel to submit <br /> a complete 112c permit amendment application within ninety days (due October 4, 2016),and pay an <br /> unsuspended civil penalty of$500. As of the date of this correspondence,the Division has not received the <br /> required civil penalty payment or amendment application. <br /> The Division believes this a violation pursuant to: <br /> • C.R.S. 34-32.5-124(1) for failure to comply with the conditions of an order,permit, or regulation. <br /> Specifically,the operator has failed to comply with the corrective actions of the Board Orders for <br /> Violation MV-2016-033. <br /> Therefore,the Division has reason to believe a violation exists to the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials, C.R.S. 34-32.5-101 et sM., and has scheduled this matter to appear before <br /> the Mined Land Reclamation Board(Board). <br /> A Formal Board Hearing will be held during the November 16-17, 2016 Board meeting for consideration of these <br /> possible violations. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,beginning at <br /> 9:00 a.m. on November 16th or as soon thereafter as the matter can be considered.At that hearing you will have <br /> 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 appear, <br /> an Order and financial judgment may be entered against you.In addition,failure to appear at the hearing <br /> may result in legal consequences including,but not limited to,loss of party status and your ability to seek <br /> 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 Penalty in <br /> the amount of$100.00 to $1,000.00 for each day of violation,pursuant to C.R.S. 34-32.5-124(7). The Board may <br /> also order the permit to be suspended, modified, or revoked,pursuant to C.R.S. 34-32.5-124(6)(a). In addition, the <br /> Board may find the financial warranty subject to forfeiture and may set the matter for consideration of forfeiture of <br /> the financial warranty at a subsequent hearing, pursuant to C.R.S. 34-32.5-118(1)(b). If you have evidence <br /> OF'co <br /> 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. Hickenloo er, Governor I Robert Randall, Executive Director I Virginia Brannon, Director <br /> 'R 1876 F <br />