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• <br />III IIIIIIIIIIIII III r <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1 31 3 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: 13031 866-3 567 <br />FA% (3031 83 2-8106 <br />December 17, 1993 <br />Mr. L. Otto Goemmer <br />P.O. Box iF165 <br />La Veta, CO 81055 <br />RE: Financial Warranty securing Permit M-82-129 <br />Dear Mr. Goemmer: <br />pF COQ <br />,~cv4 <br />Nom, °~ <br />rB ]6 ~ <br />Roy Romer <br />Governor <br />M.c hael B. Long <br />Division Dvec mr <br />On December 16, 1993, ttte Division of Minerals and Geology conducted a review <br />of your file and found the following: the Deed of Trust naming the State of <br />Colorado ae the first lien holder for the property securing your reclamation <br />bond was not filed with the County of Hverfano in 1982 at the time of permit <br />application. <br />We believe this is in violation of: C.R.S. 34-32-117(6)(a) for failure to <br />maintain the Financial Warranty for the life of the permit. <br />Therefore, we have reason to believe that a violation exists to Permit Number <br />M-82-129 and to the Law, and have scheduled this matter before the Mined Land <br />Reclamation Board. <br />A Formal Public Hearing will be held during the January 26 and 27, 1994 Board <br />meeting for consideration of possible violation. The hearing will be held in <br />Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or <br />ae soon thereafter ae ttie matter can be considered. At that hearing you will <br />have the opportunity to be represented and heard. It will be reiterated that <br />there is reason to believe that you are in violation of the provisions noted <br />above. <br />If the Board finds a violation at this hearing, it may issue a Cease and <br />Deeiet order, assess a Civil Penalty in the amount of $100 to $950 for each <br />day of violation, or order the permit be suspended, modified, or revoked. In <br />addition, it may set they matter for consideration of forfeiture of $5,000 <br />financial warranty at a subsequent hearing. If you have evidence indicating <br />that the possible violations noted above do not exist or have been corrected, <br />please provide it to us ae soon ae possible or bring it to the hearing. In <br />order to correct this matter, you may immediately poet the $5,000 bond <br />insufficiency. <br />If you have any questions, please contact James Stevens. <br />Sincerely, <br />MICHAEL B. LON~ <br />Division Director \~ <br />HBL/JCS/lpl <br />CERTIFIED HAIL NO. P 29E~ 525 764 <br />Return Receipt Requested <br />