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COLORADO <br /> - Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> August 8, 2023 <br /> Ken Coulson <br /> Coulson Excavating Company, Inc. <br /> 3609 North County Road 13 <br /> Loveland, CO 80538 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Kirtright Pit; Permit M-1986-123 <br /> Mr. Coulson: <br /> On June 27, 2023, the Division conducted an inspection of the Kirtright Pit (Permit M-1986-123) and <br /> found the Operator had impacted an area of approximately 4.7 acres outside of the approved permit <br /> boundary. <br /> Based on the findings of the inspection the Division believes this is a violation of: <br /> • C.R.S. 34-32.5-109(1) for failure to first obtain from the board or office a reclamation permit prior <br /> to engaging in a new operation. <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 seq., and have scheduled this <br /> matter to appear before the Mined Land Reclamation Board (MLRB/Board). <br /> A Formal Public Hearing before the Board has been scheduled during the September 20-21, 2023 Board <br /> meeting. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at <br /> 9:00 a.m. on September 20 or as soon thereafter as the matter can be considered. In order to be <br /> considered at the hearing, all exhibits, materials and witness testimony you wish for the Board to <br /> consider must be submitted by 5:00 PM on September 8, 2023 via email to the MLRB Administrator, <br /> Camille M. Mojar at: Dnr drms mlrb-submittalsPstate.co.usDnr drms mlrb-submittals@state.co.us. <br /> If you have good cause not to appear in person you must submit a request to the MLRB to appear <br /> virtually (via ZOOM). To do so, please submit an email to the MLRB Administrator, no later than 5:00 <br /> PM on September 8, 2023 for Board consideration. If approved you will receive an authorization code <br /> to attend the meeting for this matter. Please note that only Parties and those who will be testifying <br /> may participate in the hearing. All other interested persons may observe the hearing via the MLRB <br /> YouTube Channel: https://www.youtube.com/channel/UCDrrA08blPFlOwce-vH1fWA. <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://drms.colorado.gov/ /. <br /> Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director ,1�,�' <br /> i <br /> Iu7C, <br />