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COLORADO <br /> Mining <br /> Division of <br /> and ReclaSCafetymation, <br /> DNR <br /> Department of Natural Resources <br /> October 30, 2025 <br /> Gonzalez Hilario <br /> 10320 W 32°d Ave <br /> Wheatridge,CO 80033 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Possible Un-permitted Mining Operation <br /> Arapahoe County Farm Project,Permit No.M-2025-036 <br /> Dear Mr. Hilario: <br /> On October 15,2025, Colorado Division of Reclamation, Mining and Safety(Division)was notified that <br /> Arapahoe County issued a Notice of Zoning Violation#ZVI-2025-00113 for"Earth/Sand Extraction <br /> activities"for the property located at 56505. Additionally,Arapahoe County provided to the Division a <br /> contract between Ames Construction, Inc. and Haulr, LLC detailing compensation in the form of haulage <br /> fees for the extracted earth/sand. As stated in DRMS' determination letter dated July 22, 2025 (attached), <br /> any significant deviation from the described activity within the"Is It Mining?"questionnaire could result <br /> in the review and possible reversal of this determination. Based on the new information provided from <br /> Arapahoe County,the Division has determined that a permit is required for the earth/sand extraction <br /> activities that have occurred at 56505 East County Road 26, Strasburg. The Division conducted an <br /> inspection of the above referenced site on October 20, 2025 confirming that earth/sand extraction <br /> occurred which meets the definition of a mining operation per Rule 1.1(30)of the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials. The inspection report for the October 20, <br /> 2025 inspection is attached. <br /> The Division believes this is a violation of: <br /> • C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit from the Mined Land <br /> Reclamation Board before engaging in a new mining operation. <br /> Therefore, the Division has reason to believe a violation exists to the Colorado Land Reclamation Act for <br /> the Extraction of Construction Materials, C.R.S. 34-32.5-101 et scc., and has scheduled this matter to <br /> appear before the Mined Land Reclamation Board. <br /> A Formal Public Hearing before the Board has been scheduled during the December 17-18,2025 Board <br /> meeting. The hearing will be held at 1313 Sherman Street,Room 318,Denver, Colorado,beginning at <br /> 9:00 a.m. on December 17th or as soon thereafter as the matter can be considered. In order to be <br /> considered at the hearing,all exhibits, materials and witness testimony you wish for the Board to consider <br /> must be submitted by 5:00 PM on December 5,2025 via email to the MLRB Administrator, Camille M. <br /> Mojar at: Dnr drms mlrb-submittals(c state.co.usDnr drms mlrb-submittals(a,state.co.us. <br /> ,v ( /r <br /> o <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us * * <br /> Jared S. Polls, Governor I Dan Gibbs, Executive Director I Michael Cunningham, Director * * <br />