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COLORADO <br /> 4 a <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> June 15, 2021 <br /> Bruce Newell <br /> P.O. Box 37 <br /> Divide,CO 80814 <br /> RE: REASON TO BELIEVE A VIOLATION EXISTS AND NOTICE OF BOARD HEARING <br /> Wellington Cattle Borrow Pit(File No.M-2021-025) <br /> Dear Mr.Newell: <br /> On May 20, 2021,the Colorado Division of Reclamation,Mining and Safety(Division)conducted an inspection <br /> of the above referenced site(please see the attached inspection report). In the inspection report,the Division cited <br /> a possible violation for failure to first obtain a reclamation permit from the Mined Land Reclamation Board <br /> before engaging in a new mining operation as required by C.R.S. 34-32.5-109(1). <br /> Therefore, the Division has reason to believe a violation exists to the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq., and has scheduled this matter to appear before <br /> the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the July 21-22,2021 Board meeting for consideration of the possible <br /> violation and corrective actions.Due to the impacts of the COVID-19 virus on the availability of State facilities and <br /> Division resources,notice is hereby given that the July 21-22, 2021 Board hearing will be held by a virtual ZOOM <br /> hearing. All exhibits and materials you wish for the Board to consider related to this alleged violation must be <br /> submitted via email to the Board Administrator, Camille Mojar at Camille.Mojar@state.co.us no later than 5:00 <br /> p.m. on July 9, 2021. Additionally, in order to receive an authorization code to attend the hearing please contact <br /> Camille Mojar via telephone at (303) 866-3567, ext. 8136 or by email at the addresses above. Please note, only <br /> Parties and those who will be testifying may attend the meeting via ZOOM. All other interested persons may view <br /> the hearing via the Board's YouTube Channel at: <br /> https://www.youtube.com/channel/tJCDrrAO8biPFlOwce-yHl f WA. <br /> This hearing format is in support of Governor Jared Polis's direction and the Colorado Department of Public Health <br /> and Environment recommendations to limit meetings as part of the social distancing objectives set out by the State <br /> of Colorado to help control the spread of COVID-19. <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 money judgment may be entered against you. In addition,failure to appear at the hearing may <br /> 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 for operating without a permit, the Board may issue an immediate Cease and Desist <br /> Order. Concurrently with the issuance of such an Order, the Board may seek a restraining order or injunction. An <br /> Operator who operates without a permit shall be subject to a civil penalty of not less than$1,000.00 dollars per day <br /> nor more than$5,000.00 per day for each day the land has been affected not to exceed 365 days. In addition to the <br /> civil penalties discussed previously,the Board shall also assess a civil penalty in an amount not less than the amount <br /> necessary to cover costs incurred by the Division in investigating the alleged violation. <br /> �pF;COl0\ <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://colorado.gov/DRMS ire <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />