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~ III IIIIIIIIIIIIIIII f <br />STATE OF <br />COLORADO <br />DIYISION OF MINERALS AND GEOLOGY <br />ov~co <br />Department of Natural Resources ~ <br />~ <br /> b <br />~= <br />0 <br />1113 Shuman St ,Room ] 1 S (~ <br />, <br />• <br />~ <br />Denver, CO 80207 ~ <br />• <br />• <br />Phone: (7031 866-1567 re~c <br />F AX~. 1307)832-R106 <br /> Roy RumM <br />Januar 6, 1994 <br />y cuvernni <br /> Michael B. Long <br /> Division D~~eaoi <br />Mr. William M. Roberts <br />Western Slope Aggregate <br />P.O. Box 910 <br />Carbondale, CO 81623 <br />Re: Blue Pit, Permit No. M-81-207, Reason To Believe Notice <br />Dear Mr. Roberts: <br />On October 13, 1993 we conducted an inspection of your mine and found mining had <br />occurred and topsoil had been stockpiled outside the permit area. We believe this <br />is in violation of C.R.S 34-32-109(2) for mining without a permit and/or <br />C.R.S. 34-32-116(7)(h) and Rule 6.1(2) for failure to protect areas outside the <br />permit area from damage during the mining operation and reclamation. <br />Therefore, we have found reason to believe a violation exists to Permit M-81-207 and <br />the Law and have scheduled this matter before the Mined Land Reclamation Board. <br /> <br /> <br />A Formal Public Hearing will be held during the January 26-27, 1994 Board meeting <br />for consideration of possible violation. The hearing will be held in Room 318 of <br />1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter <br />as the matter can be considered and you will have the opportunity to be represented <br />and 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 Board finds a violation at this hearing, it may issue a cease and desist <br />order, assess a civil penalty in the amount of $100.00 to $1,000.00 (or $1,000 to <br />$5,000 if you are found to be mining without a permit) for each day of violation or <br />order the permit be suspended, modified or revoked. In addition it may set the <br />matter for consideration of forfeiture of the $25,000.00 financial warranty at a <br />subsequent hearing. If you have evidence indicating that the possible violations <br />noted 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 contact Gary S. Curtiss. <br />Sincerely, <br />CHAEL ON <br />Division Directo <br />MBL/GSC/ern <br />CERTIFIED MAIL N0. P 296 526 016 <br />Return Receipt Requested <br />9463E <br />