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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: 1303) 8663567 ~--- <br />FAX: (303) 832-8706 Permit # <br />MV# N'~ <br />Doc Date (if no <br />Doc Name E <br />Confidential? n/d <br />~I <br />COLORADO <br />DIVISION OF <br />itECLAMATION <br />MINING <br />- &- <br />SAEETY <br />November 22, 2006 rrc <br />To <br />Mr. Lance Badger Re <br />Granby Realty Holdings LLC <br />P O BOX 1110 <br />Granby, CO 80446 <br />RE: Overlook Mine, Permit Application No. M-2006-075 <br />Notice of Possible Violation; Mining Without a Permit <br />Dear Mr. Badger, <br />Rill Owens <br />Covemor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />NaNral Resource Trustee <br />On November 9, 2006 the Division of Reclamation, Mining and Safety (Division} conducted apre-operation <br />inspection of the proposed Overlook Mine, Pennit Application No. M-2006-075 and found the following: <br />The applicant has disturbed approximately 13 acres of the 32,36 acres described in the reclamation permit <br />application by mining sand and gravel prior to obtaining a reclamation permit. <br />The Division believes the operator is in possible violation of C.R.S. 34-32.5-109(1) of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials Rules and Regulations for failure to first obtain a <br />reclamation permit prior to engaging in a new mining operation. Therefore, the Division will schedule this matter <br />before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the January l0a' and l la', 2007 Board meeting for consideration of the <br />possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at <br />9:00 a.m. on January I Os' and 9:00 a.m. on January 11 `a, or as soon thereafter on each of those days as the matter can <br />be considered. At that hearing you will have the opportunity to be represented and heard. It will be reiterated that <br />there is reason to believe that you aze in violation of the provisions noted above. <br />If the Boazd finds a violation at this hearing, it may issue a Cease and Desist Order or assess a Civil Penalty in the <br />amount of $1,000 to $5,000 for each day ofviolation for operating without a permit. Ifyou have evidence indicating <br />that the possible violation noted above does not exist or has been corrected, please provide it to us as soon a <br />possible or bring it to the hearing. <br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Boazd's order befota <br />it becomes final. Ifyou wish to do so, you must provide the Board with a written request to review the draft order <br />prior to or at the time of your hearing, or you must inform the Boazd orally during the hearing that you request to <br />review the draft order. You must include your mailing address and, ifpossible, a fax or email address. You will b~ <br />provided a copy of the draft order for your review as soon as it is available. The Board must receive your commel <br />Office of Office of <br />Adive and Inactive Mims <br />