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© COLORADO <br /> Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> December 20, 2023 <br /> Ben Jordan <br /> Zak Dirt, Inc. <br /> 14290 Hilltop Rd <br /> Longmont, CO 80504 <br /> RE: NOTICE OF VIOLATION NO.MV 2023-024 <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> Borrow Pit(Permit No. M-2021-048) <br /> Dear Mr. Jordan: <br /> C.R.S. 34-32.5-116(3)(a) and(b)and Permit No. M-2021-048 require you to submit to the Division of <br /> Reclamation, Mining and Safety (the "Division") an annual fee, map and report, due on or before <br /> October 14 of each year. The annual fee required for your permit is $504.00. As of the date of this <br /> letter the Division has not received your submittal. <br /> Therefore, you are in violation of the above cited statute and the provisions of your Permit No. <br /> M-2021-048. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses <br /> Notice of Violation MV-2023-024, Civil Penalties in the amount of$504.00, and an Order to Cease <br /> and Desist from all mining related activities associated with Permit No. M-2021-048. <br /> Pursuant to C.R.S. 34-32.5-116(3)(b), a Formal Public Hearing will be held during the February <br /> 21-22, 2024 Board Meeting for consideration of this possible violation. The hearing will be held at <br /> 1313 Sherman Street,Room 318,Denver, Colorado,beginning at 9:00 a.m. on February 21,2024 or <br /> 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 February 9, 2024 via email to the MLRB <br /> Administrator. You must also provide a list of all witnesses, if any, to the MLRB Administrator, <br /> Camille M. Mojar at: dnr_drms_mlrb-submittals@state.co.us, no later than 5:00 PM, February 9, <br /> 2024. <br /> If you have good cause not to appear in person you must submit a request to the Board to appear <br /> virtually(via ZOOM). To do so,please submit an email to the Board Administrator,no later than 5: <br /> 00 PM on February 9, 2024 for Board consideration. If approved you will receive an authorization <br /> code to attend the meeting for this matter. Please note that only Parties and those who will be <br /> testifying may participate in the hearing. All other interested persons may observe the hearing via <br /> the Board YouTube Channel: <br /> Physical Address: 1313 Sherman Street, Room 215. Denver,CO 80203 P 303.866.3567 F 303.832.8106 ( s <br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver,CO 80216 https://drms.colorado.gov/ <br /> Jared S. Polls,Governor I Dan Gibbs, Executive Director I Michael A. Cunningham,Acting Director + - <br /> ' •Hr , . <br />