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COLORADO <br /> Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> September 27, 2023 <br /> Merle and Charlotte Ritchey <br /> Ritchey's Redi-Mix, Inc. <br /> 35787 C.R. HH.5 <br /> Wray, CO 80758 <br /> Attn:Tom Andersen <br /> Yuma County Road and Bridge <br /> 1310 S. Blake Street <br /> Wray, CO 80758 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Ritchey Sand Pit; File No. M-2023-027 <br /> Mr. and Mrs. Ritchey and Mr.Andersen: <br /> On August 31, 2023,the Division of Reclamation, Mining and Safety(Division)conducted an inspection of the <br /> Ritchey Sand Pit(assigned File No. M-2023-027) located off County Road HH.5,just north of the town of Wray, <br /> CO in Yuma County(see inspection report sent on September 13, 2023) and found the following: <br /> An excavation (referred to as the Ritchey Sand Pit) has occurred on the side of a sand hill on land owned by <br /> Ritchey's Redi-Mix, Inc.The excavation is estimated to be approximately 1,200 square feet in size and 20 feet in <br /> height.This excavation was initially started by the Ritcheys to use the sand for landscaping on their adjacent <br /> property,then with the Ritcheys' permission,Yuma County Road and Bridge excavated an additional 450 cubic <br /> yards of sand (approximately 30 truckloads) and transported it to the Yuma County Fairgrounds located <br /> approximately 30 miles west of Wray. <br /> Based on the findings of the inspection,we believe 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 to <br /> engaging in a new operation. <br /> Therefore,the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act for <br /> the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sue., and have scheduled this matter to appear <br /> before the Mined Land Reclamation Board (MLRB/Board). <br /> A Formal Public Hearing before the Board has been scheduled during the November 15-16, 2023 Board <br /> meeting.The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. <br /> on November 15th or as soon thereafter as the matter can be considered. In order to be considered at the <br /> hearing, all exhibits, materials and witness testimony you wish for the Board to consider must be submitted no <br /> later than 5:00 p.m. on November 3, 2023 via email to the MLRB Administrator, Camille M. Mojar at: <br /> Dnr drms mlrb-submittals@state.co.usDnr drms mlrb-submittals@state.co.us. <br /> aV�col <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://drms.colorado.gov/ He`d ;l1bO <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director I ( of <br />