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a 443„ COLORADO
<br /> Division of Reclamation,
<br /> "" Mining and Safety
<br /> Department of Natural Resources
<br /> January 18, 2024
<br /> Dustin Hribar
<br /> Huerfano County
<br /> 1038 Russell Ave
<br /> Walsenburg, CO 81089
<br /> RE: Reason to Believe a Violation Exists and Notice of Board Hearing; Peak View Pit; Permit M-2014-028
<br /> Dear Brent Tamburelli:
<br /> On December 12, 2023,the Division conducted an inspection of the Peak View Pit(Permit M-2014-028)and
<br /> found the Operator had affected an unpermitted area of approximately 0.5 acres.
<br /> Based on the findings of the inspection 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 damages
<br /> occurring during the mining operations.
<br /> Therefore,the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act for the
<br /> Extraction of Construction Materials,C.R.S. § 34-32.5-101 et seq., and have scheduled this matter to appear
<br /> before the Mined Land Reclamation Board (MLRB).
<br /> A Formal Public Hearing before the Board has been scheduled during the February 21-22, 2024 Board meeting.
<br /> The hearing will be held at 1313 Sherman Street, Room 318, Denver,Colorado, beginning at 9:00 a.m. on
<br /> February 21st or as soon thereafter as the matter can be considered. In order to be considered at the hearing,all
<br /> exhibits, materials and witness testimony you wish for the Board to consider must be submitted by 5:00 PM on
<br /> February 9, 2024 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 /> If you have good cause not to appear in person you must submit a request to the MLRB to appear virtually(via
<br /> ZOOM).To do so, please submit an email to the MLRB Administrator, no later than 5:00 PM on February 9, 2024
<br /> for Board consideration. If approved you will receive an authorization code to attend the meeting for this matter.
<br /> Please note that only Parties and those who will be testifying may participate in the hearing. All other
<br /> interested persons may observe the hearing via the MLRB YouTube Channel:
<br /> https://www.voutube.com/channel/UCDrrA08blPFIOwce-VH1fWA.
<br /> If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and assess a Civil Penalty in
<br /> the amount of$100.00 to$1,000.00 for each day of violation, pursuant to C.R.S. 34-32.5-124(7). Pursuant to
<br /> C.R.S. 34-32.5-124(6)(a),the Board may suspend, modify, or revoke the permit. If you have evidence indicating
<br /> that the possible violation noted above does not exist or has been corrected, please provide it to the Division as
<br /> Physical Address: 1313 Sherman Street, Room 215, Denver,CO 80203 P 303.866.3567 F 303.832.8106 ,i,,'-,A,- •P\\
<br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver,CO 80216 https://drms.colorado.aov ' i 10\
<br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Michael A.Cunningham,Acting Director I \,,,,i,\‘, .,,//**/,
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