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L 0 R A D 0 <br /> Division of Reclaration, <br /> XZ <br /> Mining and Safety <br /> Department of Natural Resources <br /> January 26, 2026 <br /> Jay Wagner <br /> Wagner Construction Inc. <br /> 1850 E.1st Street <br /> Craig, CO 81625 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Wagner Rock Pit; Permit No. M-1999-018 <br /> Jay Wagner: <br /> On November 24, 2025, the Division of Reclamation,. Mining and Safety (Division/DRMS) sent you a <br /> notice of financial warranty increase (Revision No. S14). The required financial warranty for the Wagner <br /> Rock Pit site was increased to $76,836.00, which is an increase of $5,408.00 from the currently held <br /> financial warranty of $71,428.00. The additional required financial warranty was due on January 23, <br /> 2026. To date the Division has not received the amount of the required increase. <br /> The Division believes this is a violation of: <br /> • C.R.S. 34-32.5-117(4)(c)(11) and Rule 4.2.1(2) for failure to post the additional required financial <br /> warranty within sixty (60) days of the date of notice of the adjustment. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation <br /> Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et seq.,, and have scheduled this <br /> matter to appear before the Mined Land Reclamation Board (MLRB/Board). <br /> A Formal Public Hearing before the Board has been scheduled during the March 18-19, 2026 Board <br /> meeting. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at <br /> 9:00 a.m. on March 18th 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 <br /> consider must be submitted by 5:00 PM on March 6, 2026 via email to the MLRB Administrator, Camille <br /> M. Mojar at: Dnr drms mlrb-submittals@state.co.usDnr drms mlrb-submittals@state.co.us. <br /> If you have good cause not to appear in person you must submit a request to the MLRB to appear <br /> virtually (via ZOOM). To do so, please submit an email to the MLRB Administrator, no later than 5:00 <br /> PM on March 13, 2026 for Board consideration. If approved you will receive an authorization code to <br /> attend the meeting for this matter. Please note that only Parties and those who will be testifying may <br /> participate in the hearing. All other interested persons may observe the hearing via the MLRB YouTube <br /> Channel: https://www.youtube.com/channel/UCDrrA08blPFlOwce-yH1fWA. <br /> COl <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 Michael A. Cunningham, Director �\O <br /> 1876 <br />