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t I CV LV RA ® ® <br /> A71 <br /> Division of Reclamation, <br /> Mining and Safety <br /> D-partment::f Natural Rcsou,ces <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> April 9, 2019 <br /> Mr. Richard Stokes <br /> 5A Aggregate LLC <br /> 3409 Monteclaire Dr, <br /> Sherman, TX 75092 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Deer Trail Pit; Permit M1988-090 <br /> Mr. Stokes: <br /> On February 15, 2018,the Division conducted an inspection of the Deer Trail Pit (Permit M1988-090) <br /> and found the Operator was not following the phased mining and reclamation plan. Specifically,the <br /> Operator was not performing concurrent reclamation and had affected 6.8 acres more than is allowed in <br /> the phased mining and reclamation plan. <br /> Based on the findings of the inspection we believe this is a violation of: <br /> • C.R.S. 34-32.5-124 for failure to comply with the conditions of an order, permit, or regulation. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation <br /> Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et seq., and have scheduled this <br /> matter to appear before the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the June 26-27, 2019 Board Meeting for consideration of this <br /> possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, <br /> beginning at 9:00 a.m. on June 26, 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 to <br /> appear, an order and financial judgment may be entered against you. In addition,failure to appear at <br /> the hearing may result in legal consequences including, but not limited to, loss of party status and <br /> your ability to seek reconsideration from the Board or seek judicial appeal in district court. <br /> If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and 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 /> I to O <br /> n O <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us *` <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />