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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />March 14, 2003, <br />Adams County RV Pazk dba 124`" Estates Partners <br />Attn: Les Ewegen <br />4545E 60`~ Ave, 1 n Floor <br />Commerce City, CO 80022 <br />RE: Reason to Believe a Violation Exists at 124 Estate Gravel Pit , DMG File # M-2001-085 <br />Dear Mr. Ewegen: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SA FETY <br />Bill Owens <br />Governor <br />Greg E Watcher <br />Executive Director <br />Ronald W. Cattany <br />Acting Division Director <br />On March 4, 2003 the Division of Minerals and Geology conducted an inspection ofthe 124" Estate Gravel Pit and found <br />the following: <br />The operator had mined perimeter slopes closer to property lines than the approved set-backs, thereby, potentially <br />endangering significant ,valuable, and permanent man-made structures in violation of their permit requirements and the <br />Act. <br />We believe that this is a violation ofC.R.S. 34-32.5-115{4)(e) for failure to potentially adversely affect the stability of any <br />significant ,valuable , or permanent man-made structure within 200 feet of the affected lands. <br />Therefore, we have reason to believe that a violation exists to DMG File Number M-2001-085 and to the Law, and have <br />scheduled this matter to appeaz before the Mined land Reclamation Boazd. <br />A Formal Public Heazing will be held during the Apri124th and 30th, 2003 Board Meeting fot consideration of a possible <br />violation. The hearing will beheld in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning aY 10:00 a.m. on <br />Apri129th or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be <br />represented and heard. It will be reiterated that there is reason to believe that you aze in violation ofdte provisions noted <br />above. <br />If the Boazd Ends a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the <br />amotmt of $100.00 to $1,000.00 for each day of violation. If }rou have evidence indicating that the passible violations <br />noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />Ifyou have any questions, please contact Tony Waldron at (303) 866-3567. <br />Ronald W. Cattany `?J~' / <br />Division Director <br />CERTIFIED MAIL N0.7001 2510 0004 4144 0643 <br />Return Receipt Requested <br />Cc: Tony Waldron <br />