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DNR COLORADO <br /> coj i Division of Reclamation, <br /> Mining and Safety <br /> Coorr'p,n'of IN3`urai Reso�u•c s <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> October 24, 2017 <br /> Ronda Neumeister <br /> Eastern Colorado Aggregates <br /> P.O. Box 387 <br /> Rye, CO 81067 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Potts Pit#2; Permit M-2006-013 <br /> Dear Ms. Neumeister, <br /> On September 27, 2017, the Division conducted an inspection of the Potts Pit#2, Permit M- <br /> 2006-013, and found the Operator has affected approximately 1.6 acres outside of the permit <br /> boundary. <br /> Based on the findings of the inspection we believe this is a violation of: <br /> • C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from slides <br /> or damages occurring during the mining operation. <br /> Therefore, the Division has reason to believe a violation exists to the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et seq., and <br /> have scheduled this matter to appear before the Mined Land Reclamation Board. <br /> A Formal Board Hearing will be held during the December 13-14, 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 December 13th 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 Robert Randall, Interim-Executive Director I Virginia Brannon, Director « '' <br />