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~ III IIIIIIIIIIIII III <br />999 <br />STATE <br /> <br />OF COLORADO <br />DIVISION OF,NINERALS AND GEOLOGY <br />Depar(ment of Valural Resources <br />1 313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3 567 <br />FAx: 1703) 832-8106 <br />February 4, 1994 <br />Mr. John Ary <br />All Rite Paving and Redi Mix Inc. <br />P.0. Box 566 <br />Canon City, CO 81215-0566 <br />Re: Lamar Pit, File No. M-87-079 <br />Dear Mr. Ary: <br />of ~~~o <br />F~ R <br />•~•' ~ <br />/B]6 7r <br />Roy Ramer <br />Governor <br />btichael B Long <br />D iv ivon Oveorn <br />On November 30, 1993 we conducted an inspection of your mine and found substantial <br />mining-related activity on acreage outside your permit boun Constitutes <br />mining without a permit. We believe this is in violation o2-123( -- <br />Therefore, we have found reason to believe a violation exists o erml - -079 and <br />the Law and have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal 'ublic Hearing will be held during the March 23-24, 1994 Board meeting for <br />consideration of possible violation. The hearing will be held in Room 318 of 1313 <br />Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as <br />the matte- can be considered and you will have the opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that you are in <br />violation of the provisions noted above. <br />If the Bo~ird finds a violation at this hearing, it may issue a cease and desist <br />order, as'>ess a civil penalty in the amount of $1000 to $5000 for each day of <br />violation not to exceed 60 days, or order the permit be suspended, modified or <br />revoked. In addition it may set the matter for consideration of forfeiture of the <br />$5000 fintlncial warranty at a subsequent hearing. If you have evidence indicating <br />that the 17ossiblo violations noted abov' 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 ha~re any questions, please contaci~ Bob Oswald. <br />Sincerely. <br />MICHAEL 8.) LONG <br />Division [lirector <br />MBL/RCO/ern <br />cc:, Glen Banta, Lamar, CO <br />CERTIFIED MAIL N0. P 296 525 874 <br />Return Receipt Requested <br />9830E <br />