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iii iiuiiiiiiiiiiii ,• <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FAx:1J031832-8106 <br />December 10, 1993 <br />Mr. T. Edward Benson <br />Benson Brothers <br />2138 J50 Road <br />Austin, CO 81410 <br />pF't0~ <br />r,~R <br />Ne'~ `~ <br />• r <br />/e ]6 ~ <br />Roy Romer <br />Governor <br />Michael B. Long <br />Division Director <br />Re: Hollenbeck Pit #1, Reason to Believe a Violation Exists (Permit M-77-062) <br />Dear Mr. Benson: <br />On November 30, 1993 we conducted an inspection of your mine and found mining <br />disturbances outside the 8.32 acre permit area. We believe this is in <br />violation of Section 34-32-109 or 34-32-116(7)(h) of the Colorado Mined Land <br />Reclamation Act 34-32-101 et seq. C.R.S. 1973 as amended as covered under <br />Rule 8.2.2(2)(b) of the Mineral Rules. <br />Therefore, we have found reason to believe a violation exists to Permit <br />M-77-062 and the Law and have scheduled this matter before the Mined land <br />Reclamation Board. <br />A Formal Public Hearing will be held during the January 26-27, 1994 Board <br />meeting for consideration of possible violation. The hearing will be held in <br />Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or <br />as soon thereafter as the matter can be considered and you will have the <br />opportunity to be represented and heard. It will be reiterated that there is <br />reason to believe that you are in violation of the provisions noted above. <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 $50.00 to $200.00 for <br />each day of violation or order the permit be suspended, modified or revoked. <br />In addition it may set the matter for consideration of forfeiture of the <br />$5,000.00 financial warranty at a subsequent hearing. If you have evidence <br />indicating that the possible violations noted above do not exist or have been <br />corrected, please provide it to us as soon as possible or bring it to the <br />hearing. <br />If you have any questions, please contact~Tom Schreiner. <br />r <br />CHAEL B. LONG <br />Division Director <br />MBL/TAS/ern <br /> <br />CERTIFIED MAIL N0. P 296 527 426 <br />Return Receipt Requested 9453E <br />