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• <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: (3071 866~J 567 <br />FAx:13071 8328106 <br />o~' coto <br />N~f4 <br />~ ~~ <br />~~ <br />re 76 ~ <br />Rny Romer <br />Governor <br />December 13, 1993 michael 8. long <br />Division Director <br />Mr. Joseph C. Welte <br />Summit Brick and Tile <br />P.0. Box 533 <br />Pueblo, CO 61002-0533 <br />Re: Notice of Possible Violation, Beaver Creek Clay Mine, File No. M-77-322 <br />Dear Mr. Welte: (iy, <br />On December 13, 1993 we conducted an inspection of your mine and found that land had <br />been affected by mining activities outside of the affected land boundary. We believe <br />that pursuant to Rule 8.2.2(2)(b) this is in violation of Colorado Mined land <br />Reclamation Act C.R.S. Sections 34-32-109 or 116<7)(h). Therefore, we have found <br />reason to believe a violation exists to Permit M-77-322 and the Law and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the January 26-27, 1994 Board meeting for <br />consideration of a possible violation. The hearing will be held in Room 318 of <br />1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter <br />as the matter can be considered and you will have the opportunity to be represented <br />and heard. It will be reiterated that there is reason to believe that you are in <br />violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a cease and desist <br />order, assess a civil penalty in the amount of $50.00 to $200.00 for each day of <br />violation or order the permit be suspended, modified or revoked. In addition it may <br />set the matter for consideration of forfeiture of the $2,500.00 financial warranty at <br />a subsequent hearing. If you have evidence indicating that the possible violations <br />noted above do not exist or have been corrected, please provide it to us as soon as <br />possible or bring it to the hearing. <br />If you have any questions, please contact"~arry Oehler at 303-866-3567. <br />Sincere l- , <br />MI\_CHAE\-`L B`. LON <br />Division Director <br />MBL/LDO/ern <br />cc: Charles Fair, BLM, Canon City, CO <br />CERTIFIED MAIL N0. P 296 527 423 <br />Return Receipt Requested <br />iiiiiiiiiiiiiiuhi <br />STATE OF COLORADO <br />9460E <br />