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iii iiiiiiiiiiiii iii <br />STATE <br />OF <br />COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depazrmem of Natural Resources <br />~~ <br />1 31 3 Sherman 51., Room ? 15 <br />Denver, Colorado DO?03 - <br />~ ~ ' O '~ ~ F <br />Phone: 1303196G~3i5T MINERAL:. <br />FAX: 130]1 83?-8106 Sc <br /> GEOLOGti'B <br />June 30, 2000 RECLAMATION- <br /> MINING•SAFETY <br />Mr. Chester Barnard <br />Barnard Quarries Bill ovens <br />245 Evans St. P.O. Box 86 eo~ernnr <br /> <br />Lyons, CO 80540 Greg E V.'alchcr <br />E.ecmive D~recmr <br /> Michael B. Long <br />RE: Barnard Quarry; Permit No. M-96-079V/ o~~i:,nn oireao~ <br />Notification of Possible Violation <br />Dear Mr. Barnard: <br />On June 28, 2000 the Division of Minerals and Geology conducted an inspection of your operation and found <br />the following: <br />Material was pushed over a cliff on the west side of the permit area (into Spring Gulch), outside the permit <br />boundary. The disturbance extends in a number of locations approximately 25 feet down the canyon slope. We <br />believe this is in violation of 34-32.5-116(4)(1) of the Colorado revised Statutes, commonly referred to as the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials for failing to protect areas outside <br />of [he affected land from slides or damage during the mining and reclamation operations. <br />Therefore, we have reason to believe that a violation exists to Permit Number M-96-079 and to the Law, and <br />have scheduled this matter before the Mined Land Reclamation Board. <br />A Forma] Public Hearing will be held during the August 23-24, 2000 Board meeting for consideration of <br />possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning <br />at 9:00 a.m. or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity <br />to be represented and heard. I[ will be reiterated that there is reason to believe that you are in violation of the <br />provisions noted above. If you wish to attend the July 26-27, 2000 board meeting [o avoid daily penalties, you <br />may do so in writing by waiving the mandated 30-day notification. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the <br />amount of $100 to $1000 for each day of violation, and/or order the permit be suspended, modified, or revoked <br />In addition, it may set the matter for forfeiture of the $6,100.00 financial warranty at a subsequent hearing. If <br />you have evidence indicating that the possible violations noted above do not exist or have been corrected, please <br />provide it to us as soon as possible or bring i[ to the hearing. <br />If you have any questions, please contact Erica Crosby. <br />Sincere) <br />f ~ ~./iij~iL _~~2//iY/f-~s <br />MICHAEL B. LONG ~ ~~/_~ ~~ <br />Division Director <br />cc: Carl Mount DMG <br />CERTIFIED MAIL NO. Z 192 l24 421 (Return Receipt Requested) <br />