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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 86b3567 FAX: (303) 832-8106 July 26, 2006 COLORADO D I V I S I O N O F MINERALS GEOLOGY 0.ECUM~TION•MININO S~FETY•SCIENCE sill Owens Governor Russell George Executive Director Florence & Everett Jackson Ronald W. Cottony 27500 County Road 183 Division Director Klm, CO 81049 Natual Resource Trustee RE: Reason to Believe a Violation Exists at the Canyon Rim Stone Quarry; DMG File # M-2006-053 Dear Mr. & Mrs. Jackson; On July 11, 2006 the Division of Minerals and Geology conducted an inspection of a sandstone quarry located approximately 22 miles northwest of Kim, Colorado and found the following: Dimensional sandstone was being extracted from a quarry located m the Northeast quarter-quarter section of the southeast quarter section, of Section 9 south, Township 31 S, Range 54 W of the 6'" P.M. in Las Animas County, Colorado. We believe that this is a violation of C.R.S. 34-32.5-109(1) for failure to obtain from the board or office a reclamation permit prior to engaging in a new mining operation. Specifically, three acres of disturbance and sandstone removal occurred on property owned or controlled by Florence & Everett Jackson. Therefore, we have reason to believe that a violation exists to DMG File Number M-2006-053 and to the Law, and have scheduled this matter to appear before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the September 13-14, 2006 Board Meeting for consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. on September 13 or as soon thereafter as the matter can be considered. At that hearing you will have the opportutity to be represented and heard. It will be reiterated that there is reason to believe that you are in violation of the provisions noted above. If the Board fmds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the amount of $ t,000.00 to $5,000.00 for each day of violation. If you have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing. Following the hearing, a[1 parties have an opportunity to review and comment on a draft ojthe Board's order before it becomes final. lfyou wish to do so, you must provide the Board with a written request to review the draft order prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you request to review the draft order. You must include your mailing address and, :fpossible, a fax number. You will be provided a copy of the draft order for your review as soon as it is available. The Board must receive your comments on the draft order within ten (10) calendar days of the date the draft order is mailed, unless that deadline is extended. Please note that the Division ofMinerals and Geolorv has requested and will be allowed to review and comment on the drat Board Order prior to mailin tq o arty party. Submit all comments in writing to Mr. Tyson Powell, Assistant Attorney General, 1525 Sherman Street, S"' Floor, Denver, Colorado 80203, or FAX #(303) 866-5395. The Board will resolve any issues regarding the form and substance of the order. This process does not affect your right to request reconsideration by the Board or appeal the form or substance of the order. Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey