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October 14, 2020 <br />COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />Loretta Martinez <br />Southway Construction Company, Inc. <br />117 White Pine Drive <br />Alamosa, CO 81101 <br />RE: REASON TO BELIEVE A VIOLATION EXISTS AND NOTICE OF BOARD HEARING; BURTON PIT; <br />DRMS FILE NO. M-1987-013 <br />The Division believes this is in violation of the Co;orado Land Reclamation Act for the Extract on of <br />Construction Materials, C.R.S. 34-32.5-124(1), for failure to comply with the conditions of a permit, <br />specifically failure to maintain legal right of entry and failure to maintain boundary markers around the <br />affected area. Therefore, the Division has found reason to believe a violation of the Law exists and has <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing wili be held during the November 18-19, 2020 Board Meeting for consideration <br />of the possible violation. At that hearing the Division will present evidence that Southway Construction <br />Company, Inc. is in violation of C.R.S. 34-32.5-124(1), for failure to comply with the conditions of a <br />permit, specifically failure to maintain legal right of entry and failure to maintain boundary markers <br />around the affected area. At the hearing you will have the opportunity to present your defense. <br />Due to the impacts of COVID-19 on availability of State facilities and Division resources, notice is herebv <br />given the October 21-22, 2020 Mined Land Reclamation Board (MLRB) hearing will be by a virtual Zoom <br />hearing. The Formal Public Hearing on November 18-19, 2020 will occur beginning at 9:00 a.m. or as <br />soon thereafter as the matter can be considered. You will have the opportunity to be represented <br />and heard. <br />Please contact Camille M. Mojar of the Division at (303) 866-3567 ext. 8136 on the Monday prior to <br />the Board Hearing to confirm exactly which day your item will appear before the Board. All exhibits <br />and materials you wish for the board to consider must be submitted by November 6, 2020 via email <br />to the MLRB Administrator. You must also provide an email of all parties to the MLRB Administrator, <br />Camille Mojar, via phone at 303-866-3567, ext 8136 or via email at. Cami le.mojar state,co.us, no <br />later than 5:00 PM, November 13, 2020 in order to receive an authorization code to attend or to <br />request a continuance of the matter. Please note that only those who will be testifying may attend by <br />ZOOM. All other interested parties may attend the hearing via the MLRB YouTube Channel: <br />h.tt s. www.voutube.com/channegUCDrrA08blPFIOwce-yH1fWA <br />1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 8328106 https://mining.state.co.us <br />Jared Polis, Governor : Dan Gibbs, Executive Director I Virginia Brannon, Director <br />