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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Ucp,Irhnvnl of Natural Rrrourres <br />111 I Sherman SI .Room ! 15 <br />Denver. (~uloredu HlL'U I <br />Phunc' 1 SIUI N6G- ISL] <br />FA\. (1(111 H i1~l11116 <br />November 7. 1996 <br />Mr. Benny ]ensen <br />40 County Road 8 <br />P. O. Box 676 <br />Meeker, CO 81641 <br />RE: BENNY JENSEN, White River S & G, Permit No. M-91-009 <br />Dear Mr. Jensen: <br />On September 11, 1996 we conducted an inspection of your mine and found: <br />Overburden material placed on the County Road 8 right of way outside of the permit <br />boundary. <br />We believe [his is in violation of: <br />The Colorado Land Reclamation Act jor the Extraction of Construction Materials, <br />Section 34-32.5-II6(4)(i), for failure to protect areas outside of the affected land from <br />damage occurring during the mining operation and reclamation; and Rule 3.1.5(3) of <br />the Construction Materials Rules and Regulations, jor failure to do grading in a <br />manner that protects areas outside the affected land from slides and other damage. <br />I~~~~ <br />DEPARTMENT C <br />NATURAL <br />RESOURCE <br />Ruy Romer <br />Govrrna~ <br />lames 5. Lix'hhead <br />Arc W nr DuttloF <br />mirharl H Long <br />Urvniun Dnecloi <br />Therefore, we have found reason to believe a violation exists to Permit M-91-009 and the Law and have <br />scheduled this rna[ter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the December 18-19, 1996 Board Meeting for consideration <br />of possible violation. The Hearing will be held in Room 318 at 1313 Sherman Street, Denver, Colorado, <br />beginning at 9:00 a.m. or as soon [hereafter as the matter can be considered and you will have the <br />opportunity to be represented and heard. Please contact us on Monday, December 16, 1996, and you <br />will be told which day your Hearing will be held. <br />If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty <br />in the amount of $100.00 to $1,000.00 for each day of violation and may order the permit suspended, <br />modified or revoked. In addition, the Board may set the matter for consideration of forfeiture of the <br />$5,000.00 financial warranty at a subsequent hearing. If you have evidence indicating that the possible <br />violations noted above do not exist or have been corrected, please provide it to us as soon as possible or <br />bring it to the hearing. <br />The attached inspection report(s) lists specific dates by which corrective actions or remediation of a listed <br />problem shall be corrected. Since you have not demonstrated that Rio Blanco County wishes that the <br />