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• , iii iiiiiiiiiiiuiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br /> <br />Denver, ColoraAo 80203 Iii~~ <br /> <br />Phone: (3031 866-3567 II <br />FAX: (3031 8 7 2-81 06 <br /> DEPARTMENT OF <br />October 11, 1996 NATURAL, <br />RESOURCES <br />Mr. Mike Tezak R°,•anmer <br />Governor <br />Tezak Stone and Aggregate Supply Co. iameKs E°,nhe,a <br />620 County Rd 37 Eawirc Dircaor <br />Texas Creek, CO 81223 mirhaei a E°nF <br />Dirision Uireaur <br />RE: Notice of Possible Violation, Permit No. M-81-080 <br />Dear Mr. Tezak: <br />On March 22, 1995, we conducted an inspection of your mine and found that it appeared that mining <br />disturbance may have taken place outside the permit boundary. On October 6, 1995, Azurite, Inc., your <br />agent, sent information that further substantiates this possible violation. <br />We believe this is in violation of C.R.S. 3432.5-116(4)(1) or 3432.5-109. <br />Therefore, we have found reason to believe a violation exists to Permit M-81-080 and the Law and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the November 15-16, 1995 Board meeting for consideration of <br />possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, <br />beginning at 9:00 a.m. or as soon 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 believe that you are in violation of <br />the provisions noted above. <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 $100.00 to $5000.00 for each day of violation or order the permit be suspended, modified or <br />revoked. In addition it may set the matter for consideration of forfeiture of the $5000.00 financial warranty <br />at a subsequent hearing. If you have evidence indicating that the possible violations noted above do not exist <br />or have been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Larry Oehler at (303) 866-3567. <br />Sincerely, ~ <br />MICHAEL B. LONG <br />Division Director <br />MBULDO/amm <br />CERTIFIED MAIL NO. P 296 797 342 <br />Return Receipt Requested <br />cc: Ken Klco, Azurite, Inc. <br />Jim Stevens, DMG <br />M:\OSSamm\Tezak.IEo <br />