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• III IIIIIIIIIiilllll ~- <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />131 7 Sherman 51., Room 215 ~~~I~~ <br />Denver, Colorado 80207 <br />I'honc: 1303) 866.3567 <br />FA%(1071 A32-8106 <br />DEPARTMENT OF <br />September 18, 1995 NATURAL <br />RESOURCES <br />Mr. Dave Hammer <br /> <br />DH Holding, Inc. Roy Romer <br /> <br />401 Clayton Aoad, P. <br />O. Box 735 Governor <br />Silverthorne, Colora do 80498 Iames S. LOCnhead <br /> Ewecuiive Director <br />RE: Tower Pit No. 1, Permit No. M-77-436, Reason To Believe Notice Michael R. Long <br /> Division Duecb~ <br />Dear Mr, Hammer: <br />Pursuant to C.R.S. 34-32-117(4)(b)(A), on Hatch 20, 1995, we reviewed your <br />reclamation plan and found that the current financial warranty was inadeq uate. <br />You were instructed to post a new financial warranty by May 22, 1995 (copy <br />enclosed). This has not been done. <br />We believe this may be in violation of Colorado Mined Land Reclamation Act, <br />C.R.S. 34-32-101 et sea. and specifically C.R.S. 34-32-117(4)(b) and (c) for <br />failure to maintain sufficient financial warranty to assure reclamation of the <br />affected land and Rule 4.2.1 for failure to maintain the financial warranty at <br />a level which reflects the actual current coat of fulfilling the requirements of <br />the Reclamation Plan. <br />Therefore, we have reason to believe that a violation exists to Permit M-77-436 <br />and the Law and have scheduled this matter before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the October 18-19, 1995 Board meeting <br />for consideration of possible violation. The hearing will be held in Room 318 <br />of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or ae soon <br />thereafter as the matter can be considered. At that hearing you will have the <br />opportunity to be represented and heard. It will be reiterated that there is <br />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 <br />order, assess a Civil Penalty in the amount of $100.00 to $1000.00 for each day <br />of violation or order the permit be suspended, modified or revoked. In addition, <br />it may set the matter for consideration of forfeiture of the $15,000.00 financial <br />warranty. If you have evidence indicating that the possible violation noted <br />above does 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 Curtiss. <br />Sincere <br />MICHAEL B. LON <br />Division Director <br />enclosure <br />CERTIFIED MAIL NO. P296 607 759 <br />Return Receipt Requested c:\~p51\77436RTB.LTR <br />