2023-03-16_ENFORCEMENT - M2021049

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COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources March 16,2023 Martin Lind V ima Partners, LLC 1625 Pelican Lakes Point Suite 201 Windsor,CO 80550 RE: Reason to Believe a Violation Exists and Notice of Board Hearing Raindance Reservoir#2; Permit No.M-2021-049 Dear Martin Lind, On March 9,2023,the Division of Reclamation, Mining and Safety(Division)conducted an inspection of the Raindance Reservoir#2 and found the operation to be affecting land outside the permit boundary by the use of two sediment ponds,approximately 0.5 acres in total size, which store and discharge stormwater from the mine site. Based on these findings,we believe this is a violation of: ■ C.R.S. 34-32.5-116(4)(i)for failure to protect areas outside of the affected land from slides or damages occurring during the mining operation. Therefore,the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act for the Extraction of Construction Materials,C.R.S. § 34-32.5-101 et seq.,and the provisions of your Permit No. M-2021-049,and has scheduled this matter to appear before the Mined Land Reclamation Board(Board). A Formal Public Hearing will be held during the April 19-20,2023 Board meeting for consideration of the possible violation and corrective actions. The hearing will be held at 1313 Sherman Street, Room 318, Denver,Colorado,beginning at 9:00 a.m. on April 19 or as soon thereafter as the matter can be considered. In order to be considered at the hearing,all exhibits, materials and witness testimony you wish for the Board to consider related to this alleged violation must be submitted no later than 5:00 p.m. on April 7, 2023 via email to the MLRB Administrator, Camille Mojar at: DNR drms mlbr- s u b try i tta I s`,�4 state.c o.u s. If you have good cause not to appear in person you must submit a request to the MLRB to appear virtually(via Zoom). To do so,please submit an email to the MLRB Administrator, no later than 5:00 p.m.on April 7,2023 for Board consideration. If approved,you will receive an authorization code to attend the meeting for this matter. Please note,only Parties and those who will be testifying may attend the meeting via ZOOM. All other interested persons may view the hearing via the Board's YouTube Channel at: bUs://www.voutube.com/channel/]JCDrrA08biPFlOwce-vll]AVA. pF COS Physical: 1313 Sherman Street, Room 215, Denver,CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver,CO 80216 https:/Idrms.colorado.gov Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director * t f f 1876"