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• <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparimenl of Nalu ral Rc}uun rs <br />131 3 Sherman 51 , Ruum ! 15 <br />Dcnvcr. Color,idu HII!(I1 <br />Phonc 1303186fi-{567 <br />FA X: 110)1 H12 HILIfi <br />April 28, 1997 <br />Kiowa County Commissioners <br />P.O. Box 591 <br />Eads, C'O 81036 <br />RE: Kiowa County, Pelers Pit, Permil No. M-91-078 <br />Dear Commissioners: <br />On April l4, 1997, we conducted an inspection of your mine and found: <br />I~~~~ <br />DEPARTMENT OI <br />NATURAI <br />RESOURCE` <br />kuy Romcr <br />Go.ernur <br />lama S Lothhead <br />f .ecwrve Dnecmr <br />.Wrh,iel 8. Long <br />Drrnum Dbenw <br />'Chat approximately I I/2 - 2 acres of land have been affected outside of the permit <br />boundary. <br />We believe this is in violation of: <br />'fhe Colorado Land Reclamtion Act for the Extraction of Construction Materials, Section <br />34-32.5-109 for mining without a permit or Section 34-32.5- 116(4)(1) for failure to protect <br />land outside the affected land boundary from damage occurring during the mining <br />uperaton. <br />Therefore, we have found reason to believe a violation exists to Permit M-91-078 and the Law <br />and have scheduled this matter before the Mined Land Reclamation Board. <br />A Forrrlal Public Hearing will be held during the June 25-26, 1997 Board meeting for <br />consideration of possible violation. The hearing will be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as [he matter can be <br />considered and you will have the opportunity [o be represented and heard. If you request an <br />earlier hearing, [he matter can be heard by [he Board at their May 21, 1997 meeting to be held <br />in La Junta, CO. at the Quality Inn, South Holiday Room, 1325 E. 3rd Street, beginning at <br />9:00 a.tn. <br />If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil " <br />penalty in the amount of $100.00 to $5,000.00 for each day of violation and may order the permit <br />be suspended, modified or revoked. [f you have evidence indicating that the possible violations <br />noted above do no[ exist or have been corrected, please provide i[to us as soon as possible or <br />bring it to the hearing. <br />~ ,3 ~ III IIIIIIIIIIIII III <br />STATE OF COLORADO <br /> <br />