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~ iii iuiiiiiiiiii iii ~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resourcex <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80?03 <br />Phone U03186G3667 <br />FqX: (3031832-8106 <br />January 29, 1999 <br />Mr. John P. Ary <br />Hard Rock Paving and Redi-Mix, Inc. <br />P.O. Box 841 <br />Carson City, CO 31215 <br />RE: Hard Rock Main Plant Gravel Pit (Permit No. N1-77-197) Reason to Believe a Violation Exists <br />Dear Mr. Ary: <br />ui vi sioN pr <br />MINERn 15 <br />-&- <br />GEOLOGY <br />AECLn nai,ON <br />nIMiNGSAFETY <br />Bill Owens <br />Governor <br />Greg E watcher <br />Execmrve Director <br />A4chael B. Long <br />Dneclor <br />On September 10, 1998, the Division of Minerals and Geology conducted an inspection of your mine and found that the size <br />and shape of the permit area indicated by the permit[ee's representatives appeared not to agree with what the permit package <br />indicated was approved for [he Hard Rock Main Plan[ Pit (Permit No. M-77-197). As a corrective action For this compliance <br />problem, a new and accurate map of the permit and disturbed azea was required and was provided on January 15, 1999. This <br />new map indicates a total of at least 22 acres of mining related disturbance exists at the site although the mine, under it's 110 <br />permit, is only approved to have a permit area less than 10 acres in size. <br />The Division believes this is in violation of C.R.S. 34-32.5-109(1 j pursuant to C.R.S. 34-32.5-123(2) For mining substantial <br />acreage beyond the approved permit boundary. <br />Therefore, the Division has found reason to believe a violation exists to Permit M-77-197 and the Law and has scheduled [his <br />matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the March 24-25, 1999 Board meeting for consideration of possible violation(s). <br />The hearing will be held in Room 3 F8 of 1313 Sherman Street, Denver, Colorado, beginning a[ 9:00 a.m. or as soon thereafter <br />as the matter can be considered and you will have the opportunity to be represented and heard. Il will be reiterated that there <br />is reason to believe that you are in violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a cease and desist ord~:r, assess a civil penalty in the amount of <br />$1,000.00 to $5,000.00 for each day of violation or order the perrt»t be suspended, modified or revoked. in addition it may set <br />[he matter for consideration of forfeiture of the $5,000.00 financial warranty at ;subsequent hearing. IC you have evidence <br />indicating that [he possible violation(s) noted above do not exist of have been corrected, please provide it to us as soon as <br />possible or bring it to the hearing. <br />Jf you have any questions, please contact Jim Stevens. <br />Sincerely <br />Michael B. Long <br />Division Director <br />CERT1FiED MAIL NO. Z 191 596 650 <br />Return Receipt Requested <br />cc: Gary Reed <br />Lloyd V. "Buck" Barnhart <br />M.bsstpmmVengVn]7147nb jcs AOc <br />