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® ' COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> cf N, o a'Resou,ccs <br /> May 16,2019 <br /> Juliet A. Moores <br /> Elk Creek Sand&Gravel, LLC <br /> P.O. Box 416 <br /> Conifer,CO 80433 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Shaffers Crossing; Permit# M-1978-208 <br /> Ms. Moores, <br /> On May 2, 2019, Technical Revision No. 5 (TR05) was submitted to the Division to address the Board Order for <br /> Violation No. MV-2018-039. In section 3. High-wall Conformance to Current Mining Plan,TR05 states that"the <br /> current high-wall is a single bench in several locations reaching a height of over 100 feet", and that Elk Creek <br /> Sand and Gravel "has not benched the slope in the manner stated in the CDRMS approved permit." <br /> Based on the information contained in TR05, which states the configuration of the high-wall required by permit <br /> stipulation#1 has not been complied with, we believe this is a violation pursuant to: <br /> • C.R.S. 34-32.5-124 for failure to comply with the condition of an order, permit, or regulation. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sec ., and have scheduled this matter to appear <br /> 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, beginning at <br /> 9:00 a.m. on June 26, 2019 or as soon thereafter as the matter can be considered. At that hearing you will have <br /> 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 appear, <br /> an order and financial judgment may be entered against you. In addition,failure to appear at the hearing <br /> may result in legal consequences including, but not limited to, loss of party status and your ability to seek <br /> 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 Penalty in <br /> the amount of S 100.00 to $1000.00 for each day of violation, for each day during which such violation occurs, <br /> pursuant to C.R.S. 34-32.5-124(7). If you have evidence indicating that the possible violation noted above does <br /> not exist or has been corrected, please provide it to the Division as soon as possible or bring it to the hearing. Any <br /> information to be considered by the Board during the hearing must be received by the Division on or before June <br /> 7, 2019. <br /> All parties have an opportunity to review and comment on a draft of the Board's order before it becomes final. If <br /> you wish to do so, you must provide the Board with a written request to review the draft order prior to or at the <br /> t S S: et, Rac 2'5, C CG S 213 P 3'3 86c.3 5 5?F 3t3..32.s'_ <br /> -, G, Ds G,.,^; txa; ;i•,u 0 2c', ui , . a 6ra 3 ffrecc <br />