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iii iiiiiiiiumiii <br />~ it ~~ ~, <br />of co~o~Do <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3071 866-3567 <br />FAX: (3031 872.8106 <br />November 28, 2000 <br />Mr. Kay Blecha <br />Jelen & Son. Inc. <br />P.O. Box 103 <br />Castle Rock, CO 80104 <br />RE: Willow Creek Mine, Permit No. 611// <br />Dear Mr. Blecha: <br />DIVISION O F <br />MINERALS <br />St <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFE TY <br />B~II Owens <br />Governor <br />Greg E. Walther <br />Executive Dire('IOr <br />Michael B Long <br />Division D~reaor <br />On July 28, 2000, the Division of Minerals and Geology informed Jelen & Son, Inc. of the increase in financial <br />warranty for the permit referenced above pursuant to 34-32-117(4)(c)(I)(A) of the Colorado Mined Land <br />Reclamation Act. The Division raised the financial warranty from $5,000.00 to $17,000.00 based on the <br />reclamation plan set forth in the permit application. The bond increase was due no later than September 26, 2000. <br />The Division has not received the additional bond money as required in the July 28, 2000 letter. <br />We believe this is in violation of: C.R.S. 34-32-117(4)(b)(I) of the Colorado Mined Land Reclamation Act which <br />requires the financial warranty to be sufficient to assure the completion of reclamation on the affected land and <br />C.R.S. 34-32-I l7(4)(c)(II) of the Colorado Mined Land Reclamation Act which requires the operator to submit <br />the financial warranty within 60 days of adjustment. <br />Therefore, we have reason [o believe that a violation exists [o Permit Number M-1983-O1 1 and to [he Law, and <br />have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the January 24-25, 2001 Board meeting for consideration of <br />possible violation. The heazing will be held in Room 318 of 1313 Sherman Scree[, Denver, Colorado, beginning <br />at 9:00 a.m. or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity <br />to be represented and heard. It will be reiterated that there is reason to believe [hat you are in violation of [he <br />provisions noted above. <br />[f 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 $1,000 for each day of violation, and/or order [he permit be suspended, modified, or revoked. <br />In addition, it may se[ [he matter for forfeiture of the $5,000.00 financial warranty at a subsequent hearing. If you <br />have evidence indicating [hat 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. If you have any questions, please contact Erica <br />Crosby at (303) 866-3567. <br />Sinter ly, <br />MICHAEL B. LONG ~~ M~ <br />Division Director <br />CERTIFIED MAIL NO. Z 268 233 197 <br />CC: Carl Mount; DMG <br />Greg Lewicki; Greg Lewicki & Associates <br />