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aCOLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> April 25,2023 <br /> David Forenza <br /> Mesa Agg LLC <br /> P.O. Box 7790 <br /> Avon, CO 81632 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Orchard Mesa Aggr; Permit No.M-1995-005 <br /> Mr. Roberts: <br /> On April 12, 2023,the Division of Reclamation Mining and Safety(Division) conducted an inspection of <br /> the Orchard Mesa Aggr(Permit No. M-1995-005) located off of 31 Road and HWY 50 in Grand Junction, <br /> CO. Approximately 1.2 acres has been affected outside of the permit boundary through the construction <br /> of a new mine access road. Based these findings we believe this is a violation of: <br /> • C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from slides or <br /> damages occurring during the 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 et sue., 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 June 21-22, 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 June 21,2023 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 June 9, 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 drms mlrb-submittalsnastate.co.us,no later than 5:00 PM,June 9,2023. <br /> If you have good cause not to appear in person you must submit a request to the Board to appear virtually <br /> (via ZOOM). To do so,please submit an email to the Board Administrator,no later than 5: 00 PM on June <br /> 9, 2023 for Board consideration. If approved you will receive an authorization code to attend the meeting <br /> for this matter. Please note that only Parties and those who will be testifying may participate in the <br /> hearing,All other interested persons may observe the hearing via the Board YouTube Channel: <br /> https://www.youtube.com/channel/IJCDrrAO8bIPFlOwce-yH1fWA. <br /> /pE A(, � <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I , <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director *� `♦ :'%*, <br /> \*i8�e•, <br />