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COLORADO <br /> Division of Reclamation, <br /> DNR Mining and Safety <br /> Department of Natural Resources <br /> May 21, 2024 <br /> Robert Christian <br /> Christian Construction Inc. <br /> 16230 Reata Road <br /> Peyton, CO 80831 <br /> RE: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Christian Construction Inc.; Elbert County Pit; File No. M-1985-129 <br /> Dear Mr. Christian: <br /> On April 2, 2024, the Division of Reclamation, Mining and Safety (Division) requested verification of <br /> Financial Warranty Letter of Credit for the Elbert County Pit, Permit Number M-1985-129. On May 9, 2024, <br /> the Division received notice from the operator's financial warrantor, First Bank, stating that the Letter of <br /> Credit had been closed. On that same date, the Division sent notice to the operator and their financial <br /> warrantor that a Letter of Credit 90 Day Notice of Cancellation is Required. The operator was provided <br /> seven days, by May 16, 2024, to post a different bond in the amount of $74,090.00. To this date, the <br /> Division has not received a response from the operator. Based on the lack of response we believe this is a <br /> violation of: <br /> • C.R.S. 34-32.5-117(6)(a) for failure to maintain a financial warranty in good standing for the entire <br /> life of the permit; and <br /> • C.R.S. 34-32.5-124 for failure to comply with the conditions of an order, permit, or regulation. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act <br /> for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq., and has scheduled this matter to <br /> appear before the Mined Land Reclamation Board(Board). <br /> A Formal Public Hearing will be held during the July 17-18, 2024 Board meeting for consideration of the <br /> possible violation. The hearing will be held at 1313 Sherman Street, Room 318,Denver, Colorado, beginning <br /> at 9:00 a.m. on July 17th, or as soon thereafter as the matter can be considered. In order to be considered at <br /> the hearing, all exhibit materials and witness testimony you wish for the Board to consider must be submitted <br /> no later than 5:00 p.m. on July 5, 2024 via email to the Board's Administrator, Camille M. Mojar at: <br /> Dnr drms mlrb-submittals(it,state.co.us. <br /> If you have good cause not to appear in person, you must submit a request to the Board to appear virtually <br /> (via ZOOM). To do so, please submit an email to the Board's Administrator no later than 5:00 p.m. on July <br /> 5, 2024 for Board consideration. If approved,you will receive an authorization code to attend the meeting for <br /> this matter. Please note that only Parties and those who will be testifying may participate in the hearing. <br /> All other interested persons may observe the hearing via the Board's YouTube Channel: <br /> naps:/ www.youtube.com/channel/UCDrrA.OBbIPFIOwce-yH 1 fWA. <br /> ob Coz \ <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P(303)866-3567 F(303)832-8106 https://drms.colorado.gov/ rN� '9.11°''c <br /> '' �:� 9oel <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director I i*, - ;* <br /> •. 876'* <br />