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~, ~ ~ IIIIIIIIIlIIIllllll <br />~~~~~ STATE OF COLORADO <br />Roy Romer, Governor <br />Q <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND I;ECLAMATION DIVISION <br />DAVID C. SH ELTON, Dlredor <br />June 2, 1987 <br />Southway Company <br />117 Whitepine Drive <br />Alamosa, CO 81101 <br />Re: File No. M-81-153 Southway Pit, Annual Fee and Report Request <br />TO WHOM IT MAY CONCERN: <br />The Mined Land Reclamation Act and Permit No. M-81-153 require you to submit <br />5350.00 in annual fees and an annual report by April 05 of each year. We have <br />not received the annu+tl fees and report. Therefore, we have found that there <br />is reason to believe a violation exists to Permit No. M-81-153- and the Law <br />and have scheduled th•(s matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the June 24-25, 1987 Board meeting <br />for consideration of possible violation. The hearing will be held in Room 110 <br />of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a. m. or as soon <br />thereafter as the matter can be considered and you will have the opportunity <br />to be represented and heard. It will be reiterated that there is reason to <br />believe that you are in violation of the permit and the Law, specifically the <br />following provision: <br />Failure to provide annual fees and annual report required by <br />34-32-116(1)(a), C.R.S. <br />If the Board finds a violation at this hearing, it may issue a cease and <br />desist order, assess a civil penalty in the amount of E100.00 to 51,000.00 for <br />each day of violation or order the permit suspended, modified, or revoked. In <br />addition, it may set the matter for consideration of forfeiture of the <br />E24,000,00 financial warranty at a subsequent hearing. <br />IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT E350.00 FOR ANNUAL FEES <br />AND AN ANNUAL REPORT AS DESCRIBED IN 34-32-116(1)(a),-C.R.S., BY June 17, 1987. <br />If you have any questions, please contact Mark Loye. <br />Sincerely, <br />• DAVID C, SHELTON <br />Director <br />CERTIFIED MAIL N0. P 168 480 026 <br />Return Receipt Requested <br />~ ~~~g ~ <br />,~ti, u~,vm. ~~ C' ~u~ir <br />. ~~ ~ ~~ <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />