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<br />~II ~I~~I~~I~~~~~II~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Reiources <br />111 }Sherman St ,Room 21 i <br />Deneer. Colorado 80?03 <br />Phone: 1303) 866-3561 <br />FAY 1305) a32-8106 <br />June 30, 2000 <br />Mr. Chester Barnard <br />Barnard Quarries <br />245 Evans St. P.O. Box 86 <br />Lyons, CO 80540 <br />FOR YOUR CORRESPONDENCE FIIE <br />RE: Barnard Quarry; Permit No. M-96-079 <br />Notification of Possible Violation <br />Dear Mr. Barnard: <br />~~ <br />D I V I :ION O P~ <br />MINERALS <br />GEOLOGY` <br />RECLAMATION?+. <br />MINING•$AFETY <br />Bil I Owens <br />Governor <br />Greg E watcher <br />E~ecuuve Dneaor <br />Michael B. Long <br />Dwision Director <br />On June 28, 2000 the Division of Minerals and Geology conducted an inspection of your operation and found <br />the following: <br />Material was pushed over a cliff on the west side of the permit area (into Spring Gulch), outside the permit <br />boundary. The disturbance extends in a number of locations approximately 25 feet down the canyon slope. We <br />believe this is in violation of 34-32.5-116(4)(1) of the Colorado revised Statutes, commonly referred to as the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials for failing to protect areas outside <br />of the affected land from slides or damage during the mining and reclamation operations. <br />Therefore, we have reason to believe that a violation exists to Permit Number M-96-079 and to the Law, and <br />have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the August 23-24, 2000 Board meeting for consideration of <br />possible vio]ation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning <br />at 9:00 a.m. or as soon thereaker as the matter can be considered. At that hearing you will have the opporturtiry <br />to be represented and heard. It will be reiterated that there is reason to believe that you are in violation of the <br />provisions noted above. If you wish to attend the )uly 26-27, 2000 board meeting to avoid daily penalties, you <br />may do so in writing by waiving [he mandated 30-day notification. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the <br />amount of $100 to $1000 for each day of violation, and/or order the permit be suspended, modified, or revoked. <br />In addition, it may se[ the matter for forfeiture of the $6,100.00 financial warranty at a subsequent hearing. If <br />you have evidence indicating that the possible violations noted above do not exist or have been corrected, please <br />provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Erica Crosby. <br />Sincere) <br />f ~ ~./fjG~i~/L ~~~2~^c !/ <br />MICHAEL B. LONG /~ <br />Division Director ~(r l~// C3 ~ <br />cc: Carl Mount DMG <br />CERTIFIED MAIL NO. Z 192 124 421 (Return Receipt Requested) <br />