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~ r <br />STATE OF III IIIIIIIIIIIIIIII <br />COLORADO <br />DIVISION OF MINERALS ANO GEOLOGY <br />Depanmem n( Natural Resources <br />I f l i Sherman'i ,Room 21 5 + <br /> <br />Denver, QJnradu NO?Ui ~ <br /> <br />Phnnc (fU31 RfiL~}Sfr7 I <br />~ <br />I <br />FAX: 1}071 N1?-410L <br /> f)EPARTMEtJT OF <br /> N[~1TURAI <br />November 13, 1995 . <br />RESOURCES <br />Mr. Gary Tuttle ~~~~ ~-,~,~•, <br />Triad Westem Corporation `"'~"°"" <br />11990 Grant Street Suite 410 1.~~~„•~ s w~nn~~~a <br /> <br />Denver, C:O 80233 r,rr,in.o o~,~~~ ~~, <br /> ~,~, h.ic~ o w~ti <br /> n.. ~.~~ ~~, rn,~~, ~, ~, <br />RE: Coal Creek Resources, Permit No. M-88-044, Reason to Believe Notice <br />Dear Mr. Tuttle: <br />Based on your annual report received on March 23, 1995, telephone conversations with your office, and your <br />letter received on November 9, 1995, it appears that Triad Westem may have mined outside the approved <br />permit boundary. As we have discussed, the Division plans to conduc[ an inspection with you on <br />November 15, 1995 to determine if this Is the case. <br />We believe this may be in violation of the Colorado Land Reclamation Acc for the Extraction of Construe[ion <br />Materials, Section 34-32,5-101 et. seJc., C.R.S. 1984 as amended and specifically C.R.S. 34-32.5-109(1) <br />for mining without a permit or C.R.S. 34-32.5-1 16(4)(1) for failure to protect areas outside the affected land <br />from damage. <br />Therefore, we have found reason to believe a violation exists to Permit M-88-044 and the law and have <br />scheduled [his matter before the Mined land Reclamation Board. <br />A Formal Public Hearing will be held during the December 14, 1995 Board meeting for consideration of <br />possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, <br />beginning at 9:00 a.m. or as soon thereafter as the mater can be considered and you will have the opportunity <br />to be represented and heard. It will be reiterated that there is reason believe that you are in violation of the <br />provisions noted above. <br />If the Board finds a violation at this hearing, i[ may issue a cease and desisc order and assess a civil penalty in <br />the amour[ of $100.00 to $1000.00 for each day of violation'if you are found to be mining outside the <br />permit boundary. If you are found to'be mining without a permit the penalty shall be not less than $1000.00 <br />per day nor more than $5000.00 per day for each day the land has been affected, not to exceed 365 days. <br />An operator who mines substantial acreage beyond [he approved permit boundary may be found [o be <br />operating without a permit. The Board may aiso order the permit be suspended, modified, or revoked. If you <br />have evidence indicating that the possible viola[ions noted above do not exist or have been corrected, please <br />provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please conmGt Gt9$g R. Squire. <br />Sincerely, _ <br />~~ ~ - . <br />MICHAEL B. LONG ~ - -J <br />Division Dlrec[or <br /> <br />CERTIFIED MAIL NO. Z 416 876 562 <br />Re[um Receipt Requested M:\O55\amm\TUNe.Qrs <br />