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2021-08-18_ENFORCEMENT - M1986004
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2021-08-18_ENFORCEMENT - M1986004
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Last modified
8/19/2021 9:30:06 AM
Creation date
8/19/2021 9:17:22 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1986004
IBM Index Class Name
Enforcement
Doc Date
8/18/2021
Doc Name
Returned Mail
From
DRMS
To
Melvin Brandstadt
Email Name
ACY
THM
Media Type
D
Archive
No
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10COLORADO <br /> .4 Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> July 21, 2021 <br /> Melvin Brandstadt <br /> 19239 G Road <br /> Delta,CO 81416 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Brandstadt Rock Pit; Permit M-1986-004 <br /> Mr. Brandstadt: <br /> On May 3, 2021,the Division of Reclamation Mining and Safety(Division)was notified during a phone <br /> conversation that you, the Permittee of the Brandstadt Rock Pit (Permit M-1986-004), no longer own the <br /> property where the mine is located. To date no documentation has been provided to show legal right to <br /> enter. Based these findings we believe this is a violation of: <br /> • C.R.S. 34-32.5-112(1)(c)(IV) for failure to maintain legal right to enter and to conduct mining <br /> and reclamation activities. <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 sem., and have scheduled this matter <br /> to appear before the Mined Land Reclamation Board(MLRB). <br /> A Formal Public Hearing will be held during the October 20-21, 2021 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 20 or as soon thereafter as the matter can be considered. <br /> In order to be considered at the hearing, all exhibits,materials and witness testimony you wish for the <br /> Board to consider must be submitted via email to the MLRB Administrator, Camie Mojar at: <br /> Camille.moiarLwstate.co.us no later than 5:00 PM, October 8,2021. <br /> Please note the meeting format is subject to change due to the impacts of COVID-19. You will be <br /> notified as soon as possible of any changes to the meeting format. If you have good cause not to appear <br /> in person you may submit a request to the MLRB to appear virtually via (ZOOM). To do so please <br /> submit an email to the MLRB Administrator, no later than 5:00 PM, October 8,2021 for Board <br /> consideration. If approved you will receive an authorization code to attend the meeting for this matter. <br /> Please note that only Parties and those who will be testifying may attend by ZOOM. All other interested <br /> persons may attend the hearing via the MLRB YouTube Channel: <br /> https://www.youtube.coliVchannel/UCDrrAO8bIPFlOwce-yHI fWA <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 <br />
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