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• iii iiiiiiiiiiiii iii ~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: 1303) 866-3567 <br />FAX:1303)832-8106 <br />May 5, 1993 <br />Carl K. Herskind, President <br />Transit Mix Concrete Company <br />Box 1030 <br />Colorado Springs, CO 80901-1030 <br />OF'~~[~ <br />~~ <br />Nei~~i <br />.~ .d <br />.f <br />~ /876 <br />Rny Romer <br />Governor <br />Michael B. Long <br />Division Direclar <br />Re: Notice of Formal Public Hearing, Daniels Sand Pit No. 2, File No. M-73-07 <br />Dear Mr. Herskind: <br />On May 3, 1993 we conducted an inspection of your mine and found that you have <br />damaged land outside the permitted affected land boundaries and permit area <br />boundaries. <br />We believe this is in violation of C.R.S. 34-32-116(7)(h). <br />Therefore, we have found reason to believe a violation exists to Permit <br />M-87-039 and the Law and have scheduled this matter before the Mined Land <br />Reclamation Board. <br />A Formal Public Hearing will be held during the May 26-27, 1993 Board meeting <br />for consideration of possible violation. The hearing will be held in Room 318 <br />of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon <br />thereafter as the matter can be considered and you will have the opportunity <br />to be represented and heard. It will be reiterated that there is reason to <br />believe that you are in violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a cease and <br />desist order, assess a civil penalty in the amount of 5100.00 to SI,000.00 <br />for each day of violation or order the permit be suspended, modified or <br />revoked. If you have evidence indicating that the possible violations noted <br />above do not exist or have been corrected, please provide it to us as soon as <br />possible or bring it to the hearing. <br />If you have any questions, please contacb~Larry Oehler at 303-866-3567. <br />Sincerely, <br />~~~,~ <br />MICHAEL B. LONG ~~ N~ ~ ~- <br />Division Director <br />MBL/LDO/scg <br />CERTIFIED MAIL N0. P 880 733 439 <br />Return Receipt Requested <br />r <br />7ae?F <br />