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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> July 11, 2022 <br /> Mr. Nikolaus Arnusch <br /> 34527 WCR 6 <br /> Keensburg, CO 80643 <br /> RE: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Arnusch Gravel Pit#3;DRMS Permit M-1981-257 <br /> Mr. Amusch, <br /> On June 14, 2022 the Division conducted an inspection of the Arnusch Gravel Pit#3 located off of <br /> WCR 6 in Weld County and found the following: <br /> Approximately 4.1 acres of area have been affected outside of the approved permit boundary. This was <br /> verified by collection of GPS data at the site by DRMS on June 22, 2022. <br /> Based on these findings, we believe this is a violation of: <br /> ■ C.R.S. 34-32.5-109(1) for failure to obtain a reclamation permit prior to engaging in a new <br /> operation. Pursuant to 34-32.5-123(2), an operator who mines substantial acreage beyond the <br /> approved permit boundary may be found to be operating without a permit. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation <br /> Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et seg., and has scheduled this <br /> matter to appear before the Mined Land Reclamation Board (Board). <br /> A Formal Public Hearing will be held during the August 17-18, 2022 Board meeting for consideration of <br /> the possible violation and corrective actions. Notice is hereby given that this Board hearing will be held <br /> by a virtual ZOOM hearing. All exhibits and materials you wish for the Board to consider related to this <br /> alleged violation must be submitted via email to the Board administrator, Camie Mojar at <br /> Camille.Mojar@state.co.us no later than 5:00 p.m. on August 5, 2022. Additionally, in order to receive <br /> an authorization code to attend the hearing, please contact Camie Mojar via telephone at 303-866-3567, <br /> ext. 8136 or by email at the addresses above. Please note, only Parties and those who will be testifying <br /> may attend the meeting via ZOOM. All other interested persons may view the hearing via the Board's <br /> YouTube Channel at: https://www.youtube.conVchannel[UCDrrAO8blPFlOwce-yH1fWA. <br /> If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil <br /> Penalty in the amount of$1000.00 to $5000.00 for each day of violation pursuant to C.R.S. 34-32.5- <br /> 123(2). If you have evidence indicating the possible violation noted above does not exist or has been <br /> corrected, please provide it to the Division as soon as possible or provide it at the Board hearing. Any <br /> n••cpt <br /> ma`s'-0 :f <br /> 1313 Sherman St Room 215 Denver, CO 80203 P (303) 866-3567 F (303r 832-8106 https: ,'drms.colorado.gov! <br /> n C <br /> Jared Pops, Governor ; Dan Gibbs, Executive Director ! Virginia Brannon, Director *• *- <br />