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<br />DIVISION OF ~~tINERALS AND GEOLOGY <br />I)ruar:n:cni ni Nal oral F.psrar~_ys <br />I I I: }iiprman 51., Fnom ' I S <br />G•i+:^~r. Colorado HII:UJ <br />Phum- I ;q ;, Ilbb-; ib' <br />Fqs ~;Il p:f t_.Ri Un <br />Szptzmber 17, 1993 <br />~i <br />~,TAT~ ~F <br />111 IIIIIIIIIIIIIIII - <br />COLORADO <br />1M~~ <br />GEPa RT~tr~,T OF <br />NATURAL <br />RESOURCES <br /> Hnv Ramer <br /> Caverna~ <br /> lames 5. Lahhearl <br />blr. Charles A. Abel. 11 :xecw~.e o~recor <br />A Very 5[NC[Ures <br />InC ~s¢hael g. Long <br />, <br />. Division Direc:ar <br />P.O. Box 1337 <br />Buena Vista, CO 31311 <br />RE: Reason to Believe Letter, Avery Pit, hl-i9-010 <br />Dear ivlr. Abel: <br />On September9, 1998, the Division of btinerals and Geoloey conducted an inspection of your operation and found the <br />following: The operator disturbed approximately 13.9 acres outside the approved permit azea <br />We believe this is in violation of C.R.S.34-32.5-I09; mining without a permit or C.R.S. 34-32.x-116(4)(1) for failure to <br />protect azeas outride of the affected land from slides or damaee occurring during the mining operation and reclamation. <br />Therefore, we have reason [o believe that a violation exisu to Permit Alumbes M-79-O10 and to the Law, and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the October 21 - 23, 1993 Board meeting for consideration of possible <br />violation. The hearing will be held in Room 313 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or <br />as soon thereafteras the matter can 6e considered. At that hearine you will have the opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that you are in violation of the provisions noted above. <br />[f the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the amount <br />of S 1,000.00 to 55,000.00 for each day of violation of C.R.S. 34-335-109 or in the amount of 5100.00 to 51,000.00 for <br />each day of violation of C.R.S. 34-32.5-116(4)(1), and/or order the permit be suspended, modified, or revoked. In <br />addition, it may set the matter for forfeiture of the 516,000.00 financial warranty at a subsequent hearine. If you have <br />evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it to us <br />as soon as possible or bring it to the hearine. ~ <br />If you have any questions, please contact James Dillie. <br />Sincerely. <br />Ix1IC~L ~' <br />Division Director <br />CERTIFIED 1~1AIL NO. Z 191 517 037 <br />Retum Receipt Requested <br />•r ~55'rvrtir.TE.rr :'wi0xi9 ID <br />