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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 />[November 3, 2017 <br />Kelly Hodge <br />Broken Arrow Investments, LLC <br />801 8" St Ste 130 <br />Greeley CO 80631 <br />Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br />Derr Pit; Permit M-2008-017 <br />Mr. Hodge, <br />On November 1, 2017, the Division conducted an inspection of the Derr Pit (Permit M-2008- <br />017) and found the Operator has affected approximately 10.2 acres outside of the permit <br />boundary. Pursuant to C.R.S. § 34...32.5-123(2) an operator who mines substantial acreage <br />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 Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et ita., and <br />have scheduled this matter to appear before the Mined Land Reclamation Board. <br />A Formal Public 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 13, 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 Robert Randall, Interim -Executive Director I Virginia Brannon, Director <br />:+mow off, c�`O�pp <br />I �O <br />4c <br />".1876 <br />