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© COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> August 12, 2021 <br /> Gavin Madsen <br /> SEMA Construction, Inc. <br /> 7353 S Eagle St <br /> Centennial, CO 80112 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Motorcross Borrow Pit; Permit M-2019-041 <br /> Mr. Madsen: <br /> On July 29, 2021, the Division of Reclamation, Mining and Safety (Division/DRMS) conducted an <br /> inspection of Motorcross Borrow Pit. Please see the attached inspection report. The Division's <br /> inspection revealed the Operator has improved a new access road to the site outside of the <br /> approved permit boundary. Based on the findings of the inspection, the Division believes this is <br /> a violation of: <br /> • C.R.S. 34-32.5-109(1)for failure to first obtain a reclamation permit prior to engaging in a <br /> new operation. <br /> • C.R.S. 34-32.5-116(4)(1) for failure to protect areas outside of the affected land from slides <br /> or damages occurring during the mining operation and reclamation. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sem., and <br /> have scheduled this matter to appear before the Mined Land Reclamation Board (MLRB). <br /> A Formal Public Hearing will be held during the September 22-23, 2021 Board Meeting for <br /> consideration of this possible violation. The hearing will be held at 1313 Sherman Street, Room <br /> 318, Denver, Colorado, beginning at 9:00 a.m. on September 22 or as soon thereafter as the <br /> matter can be considered. <br /> In order to be considered at the hearing, all exhibits, materials and witness testimony you wish <br /> for the Board to consider must be submitted via email to the MLRB Administrator, Camie Mojar <br /> at: Camille.moiar@state.co.us, no later than 5:00 PM, September 10, 2021. <br /> Please note the meeting format is subject to change due to the impacts of COVID-19. You will <br /> be notified as soon as possible of any changes to the meeting format. If you have good cause <br /> not to appear in person you may submit a request to the MLRB to appear virtually via (ZOOM). <br /> i o� W\ <br /> 1313 <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://drms.colorado.gov *'•, l -*' <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director #, f �6 <br />