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COLORADO <br /> Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> August 28,2019 <br /> Jason Lockard <br /> Washington County <br /> 501 E.4th Ave. <br /> Otis,CO 80743 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Chris Aaegeson#2 Pit; Permit M-2000-084 <br /> Mr. Lockard: <br /> On August 14,2019,the Division conducted'an inspection of the Chris Aaegeson#2 Pit(Permit M-2000- <br /> 084)and found the Operator had impacted an unpermitted area of approximately 1.1 acres. <br /> Based on the findings of the inspection 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 and reclamation. <br /> Therefore,the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act <br /> for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sue.,and have scheduled this matter <br /> to appear before the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the October 23-24, 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 October 23, 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 proceedinE 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 <br /> at 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 corrected, <br /> please provide it to the Division as soon as possible or bring it to the hearing. Any information to be <br /> considered by the Board during the hearing must be received by the Division on or before October 11, <br /> 2019. <br /> /oF.coo <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director \ 1876 :.� <br />