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COLORADO <br /> Division of Reclamation, <br /> At- Mining and Safety <br /> Department of Natural Resources <br /> June 14, 2023 <br /> Sherri Gerhardt <br /> PO Box 86 <br /> Lyons, CO 80540 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Barnard Quarry; Permit M-1996-079 <br /> Ms. Gerhardt: <br /> On May 9, 2023, the Division of Reclamation Mining and Safety (Division/DBMS) sent its Third <br /> and Final Attempt letter for Verification of Financial Warranty Certificate of Deposit (CD). To <br /> date the Division has not received verification that the CD is currently being held at a financial <br /> institution with the State of Colorado as the beneficiary in the amount of$22,000.00. This <br /> Certificate of Deposit is currently serving as the required financial warranty for reclamation of <br /> the Barnard Quarry, M-1996-079. Based on these findings we believe this is a violation of: <br /> C.R.S. 34-32.5-117(6)(a) for failure to maintain financial warranties in good standing for <br /> the entire life of any permit issued under this article. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et Seg., and <br /> have scheduled this matter to appear before the Mined Land Reclamation Board ("MLRB" or <br /> "Board"). <br /> A Formal Public Hearing will be held during the July 19-20, 2023 Board Meeting for <br /> consideration of this possible violation. The hearing will be held at 1313 Sherman Street, Room <br /> 318, Denver, Colorado, beginning at 9:00 a.m. on July 19th or as soon thereafter as the matter <br /> can be considered. In order to be considered at the hearing, all exhibits, materials and witness <br /> testimony you wish for the Board to consider must be submitted via email to the MLRB <br /> Administrator, Camie Mojar at: dnr drms mlrb-submittals@state.co.us, no later than 5:00 PM, <br /> July 17, 2023. <br /> If you have good cause not to appear in person you must submit a request to the MLRB to <br /> appear virtually (via ZOOM). To do so, please submit an email to the MLRB Administrator, no <br /> later than 5:00 PM on July 7, 2023 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 <br /> t`••OF•C010 <br /> Rm 215, 1001 E 62nd Ave, Denver CO 80216 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> Jared S. Polis,Governor I Dan Gibbs, Executive Director i Virginia Brannon, Director « rt <br /> }1876 ` <br />