2019-05-16_ENFORCEMENT - M1978208 (5)

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AM ! COLORADO Division of Reclamation, Mining and Safety Casa-rn=r,:f Na'�rel Feso,.-as 1313 Sherma,)Street,P om 215 Dea.er,Cotcra�o 80203 May 16, 2019 Juliet A. Moores Elk Creek Sand &Gravel, LLC P.O. Box 416 Conifer, CO 80433 Re: Reason to Believe a Violation Exists and Notice of Board Hearing; Shaffers Crossing; Permit# M-1978-208 Ms. Moores, On May 2, 2019, Technical Revision No. 5 (TR05) was submitted to the Division to address the Board Order for Violation No. MV-2018-039. In section 3. High-wall Conformance to Current Mining Plan,TR05 states that"the current high-wall is a single bench in several locations reaching a height of over 100 feet", and that Elk Creek Sand and Gravel "has not benched the slope in the manner stated in the CDRMS approved permit." Based on the information contained in TR05, which states the configuration of the high-Nvall required by permit stipulation #1 has not been complied with, we believe this is a violation pursuant to: • C.R.S. 34-32.5-124 for failure to comply with the condition of an order, permit, or regulation. Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sue., and have scheduled this matter to appear before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the June 26-27, 2019 Board Meeting for consideration of this possible violation. The hearing will be held at 1313 Shennan Street, Room 318, Denver, Colorado,beginning at 9:00 a.m. on June 26, 2019 or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to present your defense. This is an important legal proceeding and you must appear in person for this hearing. If you fail to appear, an order and financial judgment may be entered against you. In addition,failure to appear at the hearing may result in legal consequences including, but not limited to, loss of party status and your ability to seek reconsideration from the Board or seek judicial appeal in district court. If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and assess a Civil Penalty in the amount of$100.00 to $1000.00 for each day of violation, for each day during which such violation occurs, pursuant to C.R.S. 34-32.5-124(7). If you have evidence indicating that the possible violation noted above does not exist or has been corrected, please provide it to the Division as soon as possible or bring it to the hearing. Any information to be considered by the Board during the hearing must be received by the Division on or before June 7, 2019. All parties have an opportunity to review and comment on a draft of the Board's order before it becomes final. If you wish to do so, you must provide the Board with a written request to review the draft order prior to or at the 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us Jared Po!is, Governor I Dan Gibbs, Executr,e Director ( Virginia Brannon, Director 1 a + a