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COLORADO <br /> Division of Reclamation, <br /> AV Mining and Safety <br /> Department of Natural Reso;irces <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> March 23, 2017 <br /> Mark Johnson <br /> Bestway Concrete and Aggregate <br /> 301 Centennial Drive <br /> Milliken CO 80543 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> LaPoudre Sand & Gravel Pit; Permit M-1983-090 <br /> Mr. Johnson, <br /> On March 15, 2017, the Division conducted an inspection of the LaPoudre Sand and Gravel Pit <br /> (Permit M-1983-090) and found the Operator has affected approximately 28.4 acres outside of <br /> the permit boundary. Pursuant to C.R.S. § 34-32.5-123(2) an operator who mines substantial <br /> acreage beyond the approved permit boundary may be found to be operating without a permit. <br /> Based on the findings of the inspection we believe this is a violation of: <br /> • C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit from the Mined Land <br /> Reclamation Board or Office before engaging in a new mining operation as required. <br /> Therefore, the Division has reason to believe that a violation exists to the Mined Land <br /> Reclamation Act, C.R.S. § 34-32.5-101 et sue., and have scheduled this matter to appear before <br /> the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the April 26-27, 2017 Board Meeting for <br /> consideration of this possible violation. The hearing will be held at 1313 Sherman Street, Room <br /> 318, Denver, Colorado, beginning at 9:00 a.m. on April 26, 2017 or as soon thereafter as the <br /> matter can be 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 <br /> you fail to appear, an order and financial judgment may be entered against you. In <br /> addition,failure to appear at the hearing may result in legal consequences including, but <br /> not limited to, loss of party status and your ability to seek reconsideration from the Board <br /> or seek judicial appeal in district court. <br /> J.t.OF COLON <br /> d01 <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. Hickenlooper,Governor I Robert Randall, Interim-Executive Director I Virginia Brannon, Director * l8�6 1876 s <br />