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_ III IIIIIIIIIIIII III • STATE O~ CO OIZADO DIVISION OF MINERALS AND GEOLOGY Deparlmcm ni Natural Resources 1311 Sherman 51.. Room 215 r Denver, Colurario 80203 ~ ~~~ Phone.: 110 l l 86 L- 7 567 I FA%' 111111 H t:-B 1116 December 8, 1997 DEPARTMENT OF NATURAL Ms. Izora Southway RESOURCES Southway Construction Company 117 White Pine Drive Roy Romer Alamosa, Colorado 81101 covcrnor lama S.Lahhead E recutrve Direuor RE: Del Norte Pi[, Permit No. M-84-026, Reason To Believe A Violation Exists Michael B Long Dwis~on Director Dear Ms. Southway: Durtng the Division's November 13, 1997 inspection of the Del Norte Pit, it was di covered that mining operations have disturbed acreage outside the currently approved I lOc permit boun ary. We believe this is in violation of Section 34-32.5-116(4)(1) or Section 34-32.5-109 f the Colorado Land Reclamation Act for the Extraction of Construction Materials 34-32.5-101 et. seq. (C R.S. 1984 and 1994 SUPP.) and Permit No. M-84-026 Exhibit A (legal description) and Exhibit C (mine pl map). Therefore, we have found reason to believe a violation exists to Permit M-84-026 d the Law and have scheduled this matter before the Mined Land Reclamation Board. A Formal Public Hearing will be held at the January 28-29, 1998 Board meeting for con ideration of possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver. Colors o, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. You will have the opportu ty to be represented and heard. It will be reiterated that there is reason to believe that you aze in viola on of the provisions noted above. If the Board finds a violation at this hearing, it may issue a cease and desist order, ssess a civil penalty to the amount oC S 100.00 to S 1000.00 for each day of violation or order the permit be uspended, modified or revoked. Operators who mine substantial acreage beyond their approved permit bo ndary may be found to be operating without a permit, which is subJect to a civil penalty to the amount of S 1100.00 to 55,000.00 per day For each day the land has been affected, not to exceed 365 days. If you hav evidence indicating that the possible violations noted above do not exist or have been corrected, please pr de it to us as soon as possible or bring it to the hearing. If you have any questions, please contact Steve S. Shuey at our Durango Field Oflic , 484 Turner Drive, Building F, Suite 101. Durango, Colorado, 81301, phone number (303) 247-5062. Sincerel , MICHAEL B. LON Division Director MBL/SSS/gaw CERTIFIED MAIL NO.: P 526 418 753 Return Receip[ Requested ec: Steve Shuey - DMG Durango Field Otlice M: \oef \M8~-O16 sae