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COLORADO <br /> Division of ROCUMWUM <br /> MiningandSaWy <br /> Depa"'O"ot Naftrat Cn <br /> July 24, 2023 <br /> Mason Chamberlain <br /> Chamberlain Concrete <br /> 36415 U.S. Highway 385 <br /> P.O. Box 425 <br /> Wray, CO 80758 <br /> RE: Reason to Believe a Violation Exists and Notice of Board Hearing; Falk Pit#1; Permit M-2010-043 <br /> Dear Mason Chamberlain: <br /> On May 25, 2023,the Division conducted an inspection of the Falk Pit#1 (Permit M-2010-043) and found the <br /> Operator had affected an unpermitted area of approximately 1.86 acres. <br /> Based on the findings of the inspection 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 damages <br /> occurring during the mining operations. <br /> Therefore,the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sea., and have scheduled this matter to appear <br /> before the Mined Land Reclamation Board (MLRB). <br /> A Formal Public Hearing before the Board has been scheduled during the October 18-19, 2023 Board meeting. <br /> The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. on <br /> October 18th or as soon thereafter as the matter can be considered. In order to be considered at the hearing, all <br /> exhibits, materials and witness testimony you wish for the Board to consider must be submitted by 5:00 PM on <br /> October 6, 2023 via email to the MLRB Administrator, Camille M. Mojar at: <br /> Dnr drms mirb-submittals(@state.co.usDnr drms mirb-submittalspstate.co.us. <br /> If you have good cause not to appear in person you must submit a request to the MLRB to appear virtually(via <br /> ZOOM).To do so, please submit an email to the MLRB Administrator, no later than 5:00 PM on October 6, 2023 <br /> for Board consideration. If approved you will receive an authorization code to attend the 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.youtube.com/channel/UCDrrA08biPFlOwce-yHlfWA. <br /> If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and assess a Civil Penalty in <br /> the amount of$100.00 to$1,000.00 for each day of violation, pursuant to C.R.S. 34-32.5-124(7). Pursuant to <br /> 1001 E 62nd Ave, Denver CO 80216 1 P 303.866.3567, F 303.832.8106 1 https://drms.colorado.gov <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br /> •F l$76_« <br />