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<br />• <br />IIIIIIIIIIIIIIIIIII OF COLpRADo <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources II~~~ <br />I J I J Sherman 51 . Room 215 <br />Denver, Colorado A020J <br />Phone: 1303) 8663567 <br />FAX~IJOI)832-8106 <br />DEPARTMEM OF <br />NATURAL <br />March 22, 1995 RESOURCES <br />Roy Romer <br />Mr. Fred Schmaltz covernur <br />Schmaltz Construction Tames S. Lochhead <br />P ~ BOX 111)$ &ecNive Duecmr <br />Gunnison, CO 81230 Michael B. Long <br />Divivon Dvenor <br />NOTICE OF REASON TO BELIEVE, POSSIBLE VIOLATION FOR ~AILURE TO <br />SUBMIT ADDITIONAL BONDING FOR HOLLENBECK PIT, PERMIT N M-85-023 <br />AS REQUIRED BY PREVIOUS BOARD ORDER <br />Dear Mr. Schmaltz: <br />The Mined Land Reclamation Act and Permit M-85-023 re ire you to <br />maintain a financial warranty in good standing for the ntire life <br />of the permit. On September 21, 1994, the Mined Land~Reclamation <br />Board issued a Notice of Violation, Cease and Desist Order and <br />Order to pay civil penalties against your company for, the above <br />referenced operation. It was ordered that you submit ~n interim <br />bond of $10,000 by October 20, 1994. A Letter of Credit Financial <br />Warranty was submitted by your company however, it was ound to be <br />incomplete and you were given instructions to c rect the <br />documents. You have been given adequate opportunity o correct <br />this situation therefore, we have found that there is reason to <br />believe you are in violation of a Board Order, Permit M-85-023 and <br />the Law, specifically: "Failure to maintain a financial arranty in <br />good standing for the life of the permit," as required y Section <br />34-32-117(6), C.R.S. <br />A Formal Public Hearing will be held during the April 2~6-27, 1995 <br />Mined Land Reclamation Board meeting for considerati n of the <br />violation. The hearing will be held in Room 318 of 13 3 Sherman <br />Street, Denver, Colorado, beginning at 9:00 a.m. o as soon <br />thereafter as the matter can be considered. Also, yo have the <br />right to be represented and heard at the hearing. <br />If the Board finds a violation at this hearing, it mmi#y issue a <br />cease and desist order, assess a civil penalty in the ount of <br />$50 to $200 for each day of violation (188 days) f r a Civil <br />Penalty of $9,400-$37,600 or order the permit be uspended, <br />modified, or revoked. In addition it may set the [utter for <br />consideration of forfeiture of the $5,000 financial warrranty at a <br />subsequent hearing. <br />