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A0ZhQ COLORADO <br /> As. Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> March 16, 2023 <br /> Thomas Eve <br /> Butala Construction Company <br /> 9000 CR 152 <br /> P.O. Box 907 <br /> Salida,CO 81201-9519 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Butala Gravel Pit,DRMS Permit No.M-1977-170 <br /> Mr. Eve: <br /> On February 9,2023,the Division of Reclamation Mining and Safety(Division)conducted an inspection <br /> of the Butala Gravel Pit(Permit.No M-1977-170) in response to notification by the US Environmental <br /> Protection Agency(EPA)of mining activities taking place within a restricted area as defined by the EPA. <br /> Based on the observations made during the inspection,as well as documentation contained within the <br /> DBMS Permit File, we believe this is a violation of: <br /> • C.R.S 34-32,5-124(1)for failure to comply with the conditions of an order, permit or regulation. <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 sep.,and the provisions of your Permit <br /> No. M-1977-170, and has scheduled this matter to appear before the Board. <br /> A Formal Public Hearing before the Mined Land Reclamation Board(the"Board")has been scheduled <br /> during the April 19-20, 2023 Board meeting. The hearing will be held at 1313 Sherman Street, Room 318, <br /> Denver,Colorado,beginning at 9:00 a.m. on April 19 or as soon thereafter as the matter can be <br /> 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 April 7, 2023 via email to the MLRB Administrator. <br /> You must also provide a list of all witnesses, if any,to the MLRB Administrator, Camille M. Mojar at: <br /> dnr drmsmlrb-submittalsra:state,co,us, no later than 5:00 PM, April 7,2023. <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$100.00 to$1,000.00 for each day of violation, pursuant to C.R.S. 34-32.5- <br /> 124(7). Pursuant to C.R.S.34-32.5-124(2)(a),the Board may issue a cease-and-desist order and may <br /> require an operator to take corrective actions. If you have evidence indicating that the possible violation <br /> noted above does not exist or has been corrected,please provide it to the Division as soon as possible or <br /> bring it to the hearing. Any information to be considered by the Board during the hearing must be <br /> received by the Division on or before April 14,2023. <br /> 1313 Sherman Street, Room 215,Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I *� " j*I <br /> Jared S. Potis, Governor i Dan Gibbs, Executive Director I Virginia Brannon, Director <br />