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© COLORADO
<br /> M
<br /> Divisioniningand of ReclamaaSafetytion,
<br /> DNR
<br /> Department of Natural Resources
<br /> July 2, 2024
<br /> Smith's Materials LLC
<br /> Randy Smith
<br /> 27701 RD T
<br /> Dolores, CO 81323
<br /> RE: Line Camp Pit,Permit No.M-2001-001,Reason to Believe a Violation Exists and Notice of Board
<br /> Hearing
<br /> Mr. Smith:
<br /> On May 28, 2024 ,the Division of Reclamation Mining and Safety(Division)conducted an inspection of the
<br /> Line Camp Pit(File. No M-20001-001) located off of Highway 145 in Montezuma County. Approximately
<br /> 1.5 acres outside the permit boundary have been affected by removing topsoil and using the area to process
<br /> material removed from within the permit boundary. Based on these findings 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
<br /> damages occurring during the mining 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 seq., and have scheduled this matter to
<br /> appear before the Mined Land Reclamation Board(MLRB).
<br /> A Formal Public Hearing will be held during the September 18-19, 2024, Board Meeting for consideration of
<br /> this possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,
<br /> beginning at 9:00 a.m. on September 18,2024 or 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 Board
<br /> to consider must be submitted by 5:00 PM on September 6, 2024 via email to the MLRB Administrator.You
<br /> must also provide a list of all witnesses, if any,to the MLRB Administrator,Camille M. Mojar at:
<br /> dnr drms mlrb-submittals(state.co.us,no later than 5:00 PM, September 6, 2024.
<br /> Please note the meeting format is subject to change. You will be notified as soon as possible of any changes
<br /> to the meeting format. If you have good cause not to appear in person,you may submit a request to the
<br /> MLRB to appear virtually via(ZOOM). To do so please submit an email to the MLRB Administrator,no
<br /> later than 5:00 PM, September 16, 2024 for Board consideration. If approved,you will receive an
<br /> authorization code to attend the meeting for this matter. Please note that only Parties and those who will be
<br /> testifying may attend by ZOOM. All other interested persons may attend the hearing via the MLRB YouTube
<br /> Channel: https://www.youtube.com/channel/UCDrrA08b1PFlOwce-yHlfWA
<br /> 7-9,1_'-coo0\
<br /> Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 it-,7 `', of
<br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 httos://drms,colorado,eov
<br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director \ , , *;`
<br /> \*1876 ;
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