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• ~~ - • iii iiiiiiiiiiiii iii <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Rewurces <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80207 <br />Phone: 13071866-7567 <br />FA%:13031 83 2-8106 <br />December 9, 1994 <br />Mr. W. W. Sellers <br />Brannan Sand & Gravel Company <br />4800 Brighton Blvd. <br />Denver, CO 80216 <br />Re: Notice of Formal Public Hearing, Pit 29, Adams County, <br />Permit No. M-80-183 <br />Dear Mr. Sellers: <br />~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ruy Romrr <br />Governor <br />lames S Lochhcad <br />Eaecwive Director <br />Michael B. Long <br />Diviswn Durclm <br />The Mined Land Reclamation Act and your mining Permit require that you <br />maintain a financial warranty in good standing for the entire life of the <br />permit. On January 5, 1995 the_,financial warranty for this permit is <br />cancelling. A replacement financial warranty needed to be filed with us by <br />December 5, 1994 as noted in recent correspondence to you. To date we have <br />not received a replacement financial warranty. Therefore, we have found that <br />there is reason to believe a violation exists to your permit and the Mined <br />Land Reclamation Act and have scheduled this matter before the Mined Land <br />Reclamation Board. <br />A Formal Public Hearing will be held during the January 25-26, 1995 Board <br />meeting for consideration of violation. The hearing will be held in Room 318 <br />of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon <br />thereafter a.s the matter can be considered and you will have the opportunity <br />to be represented and heard. It will be reiterated that there is reason to <br />believe that you are in violation of the permit and the law, specifically the <br />following provision: <br />Failure to maintain a financial warranty in good standing for the life <br />of the permit as required by 34-32-117(6), C.R.S. <br />If the Board finds a violation at this hearing, it may issued a cease and <br />desist order, assess a civil penalty in the amount of $100.00 to $1,000.00 for <br />each day of violation or order the permit be suspended, modified, or revoked. <br />IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT A REPLACEMENT FINANCIAL <br />WARRANTY AS DESCRIBED IN 34-32-117, C.R.S., BY January 24, 1995. <br />