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• <br /> T inirig and d SDfet`y <br /> Division of Re--Jan-.atio� <br /> S13: S— ... R':o 215 <br /> d�r•a ,roiJa�p?J2;3 <br /> April 4, 2019 <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 /> Bernhardt Resource; Permit M-2002-120 <br /> Mr. Johnson, <br /> On February 19, 2019 the Division conducted an inspection of the Bernhardt Resource site (Permit M- <br /> 2002-120) and found the Operator has affected approximately 1.0 acre outside of the permit boundary. <br /> Based on the findings of the inspection, and subsequent survey documentation provided by the operator <br /> dated March 14, 2019, 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 or <br /> damages occurring during the mining operation. <br /> Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br /> C.R.S. § 34-32.5-101 et sue., and have scheduled this matter to appear before the Mined Land <br /> Reclamation Board. <br /> A Formal Public Hearing will be held during the May 22-23, 2019 Board Meeting for consideration of <br /> this possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, <br /> beginning at 9:00 a.m. on May 22, 2019 or as soon thereafter as the matter can be considered. At that <br /> 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 you fail <br /> to appear, an order and financial judgment may be entered against you. In addition, failure to <br /> appear at the hearing may result in legal consequences including, but not limited to, loss of party <br /> status and your ability to seek reconsideration from the Board or seek judicial appeal in district <br /> court. <br /> If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil <br /> Penalty in the amount of$100.00 to $1,000.00 for each day of violation pursuant to C.R.S. 34-32.5- <br /> 124(7). Pursuant to C.R.S. 34-32.5-124(6)(a), the Board may suspend, modify, or revoke the permit. If <br /> you have evidence indicating that the possible violation noted above does not exist or has been <br /> corrected, please provide it to the Division as soon as possible or bring it to the hearing. Any <br /> 1313 S ` :ra^ S:re` fto - 215 Den,,e , CO 80203 P 303,866.3567 F 303.832.8106 h_tr:; <br /> Jaye i S. P,s, Gn%er°ior , Dan Globs, <br />