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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />June 22, 2017 <br />Kevin D. Anderson <br />Aggregate and Asphalt Manager <br />Connell Resources, Inc. <br />7785 Highland Meadows Parkway, Suite 100 <br />Fort Collins, CO 80528-8988 <br />Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br />Timnath Connell Pit, DRMS Permit No. M-1999-050 <br />Dear Mr. Anderson, <br />On May 15, 2017, the Colorado Division of Reclamation, Mining and Safety (Division) <br />conducted an inspection of the above referenced site (please see the attached inspection report). <br />The inspection report cited that the Operator had not submitted the results of the groundwater <br />monitoring that is required to be conducted at the site in accordance with the approved plan since <br />February 26, 2004. The results of the groundwater monitoring are required to be submitted to <br />the Division with the Operator's annual report. Based on the Division's findings, we believe this <br />is a violation pursuant to: <br />• C.R.S. § 34-32.5-124 for failure to comply with the conditions of a permit. <br />• Rule 1.15(1)(c) for failure to provide all monitoring information required as part of <br />the approved Reclamation Plan with the Annual Report. <br />Therefore, the Division has reason to believe a violation exists to the Mined Land Reclamation <br />Act, C.R.S. § 34-32.5-101 et seq., and has scheduled this matter to appear before the Mined Land <br />Reclamation Board. <br />A Formal Board Hearing will be held during the July 26-27, 2017 Board meeting for <br />consideration of this possible violation. The hearing will occur at 1313 Sherman Street, Room <br />318, Denver, Colorado, beginning at 9:00 a.m. on July 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 />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 Mike King, Executive Director I Virginia Brannon, Director <br />