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COLORADO <br /> ` Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> December 14, 2022 <br /> Tony Roberts <br /> IHC Scott,Inc. <br /> 9200 E Mineral Ave,Suite 400 <br /> Centennial,CO 80112 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Highway 13 Borrow Pit; File No.M-2022-051 <br /> Mr. Roberts: <br /> On December 6,2022,the Division of Reclamation Mining and Safety(Division)conducted an <br /> inspection of the Highway 13 Borrow Pit(File.No M-2022-051)located off of Highway 13 in Rio <br /> Blanco County. Approximately 8.5 acres has been affected for the purposes of removing borrow material <br /> to be used for Highway 13 road improvements in conjunction with a CDOT contract.Based these <br /> 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 anew <br /> mining operation. <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 g1M., 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 January 25-26,2023 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 January 25,2023 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 by 5:00 PM on January 13, 2023 via email to the MLRB <br /> Administrator.You must also provide a list of all witnesses,if any,to the MLRB Administrator,Camille <br /> M.Mojar at: dnr drms„mlrb-submittals aAstate.co.us,no later than 5:00 PM,January 13,2023. <br /> This Board hearing will be held by a virtual Zoom hearing. In order to receive an authorization code to <br /> attend the hearing,please contact Camille M.Mojar via telephone at 303-866-3567,ext. 8136 or <br /> Camille.Mojar@state.co.us. Please note that only Parties and those who will be testifying may attend the <br /> Board hearing by Zoom.All other interested persons may view the hearing via the Board's YouTube <br /> Channel at hgps-://www.youtube.com/channe]/UCDrrAO8biPFIO.w.ce-y—H 1 fWA. <br /> If the Board finds a violation at this hearing,it may issue a Cease and Desist Order and assess a Civil <br /> Penalty in the amount of$1,000.00 to$5,000.00 for each day of violation,pursuant to C.R.S. <br /> 34-32.5-123(2). Additionally pursuant to C.R.S. 34-32.5-123(4)the Board may assess a civil penalty in <br /> an amount not less than the amount necessary to cover cost incurred by the division in investigating the <br /> alleged violation. Pursuant to C.R.S. 34-32.5-124(2)(a),the Board may issue a cease-and-desist order and <br /> pF co,V7M <br /> 1313 Sherman Street, Room 215, Denver,CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us ,* t. _ *� <br /> Jared S. Polls,Governor I Dan Gibbs,Executive Director I Virginia Brannon, Director 976 <br />