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aCOLORADO <br /> Division of Reclamation, <br /> ,. <br /> o"k Mining and Safety <br /> Department of Natural Resources <br /> 22 January 2024 <br /> Mr.Stokes <br /> 5A Aggregate LLC <br /> 3409 Monteclaire Dr. <br /> Sherman,TX 75092 <br /> RE: Reason to Believe a Violation Exists and Notice of Board Hearing; Deer Trail Pit,Permit No. M-1988-090, <br /> Dear Mr. Stokes, <br /> On December 6, 2023 the Division of Reclamation, Mining and Safety ("DRMS" or"Division") conducted an <br /> inspection of the Deer Trail Pit (M-1988-090). The Division found concurrent reclamation and mining is not <br /> occurring in accordance with the approved plan; and that topsoil was not being salvaged, stockpiled, and <br /> saved for reclamation. <br /> Based on the findings of the inspection we believe this is a violation of: <br /> o C.R.S. 34-32.5-124 for failure to comply with conditions of order, permit, or regulation. <br /> And, <br /> o Rules 3.1.9(1) and C.R.S. 34-32.5-116(4)(g)for failure to remove topsoil and segregate it from other <br /> spoil for future reclamation use. <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 seq., and have scheduled this matter to <br /> appear before the Mined Land Reclamation Board (MLRB). <br /> A Formal Public Hearing before the Board has been scheduled during the March 20 and 21, 2024 Board <br /> meeting. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 <br /> a.m. on March 2051 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 <br /> by 5:00 PM on Friday March 8, 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 <br /> (via ZOOM). To do so, please submit an email to the MLRB Administrator, no later than 5:00 PM on Friday <br /> March 15, 2024 for Board consideration. If approved, you will receive an authorization code to attend the <br /> 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/UCDrrA08bIPFIOwce-yH1fWA. <br /> O 'CO���P <br /> 1313 Sherman Street, Room 215, Denver,CO 80203P 303.866.3567 F 303.832.8106 https://drms.colorado.gov/ ;e.<c .Q„4 ,,77$ <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham,Acting Director I !si , ; <br />