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i~P- STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY t/ Department of Natural Resources i 373 Sherman St., Room 215 Denver, Colorado 80203 Phone; (303)8663567 FAX: 1303) 8328106 March 31, 2006 V RADO O N O F RALS GEOLOGY 11EClANAT10N•NINING EAFETY•ECIFNCE Bill Owens Governor Rusxll George Executive Director Ronald W. r;,attany Mr. Larry Champ Natural Resource' Trustee Washington County Road istrict #3 P.O. Box 32 Anton, CO 8080] Re: Reason To Believe a Violation Exists, Nickell Gravel Pit Permit No. M-1994-077 Dear Mr. Champ: On March 16, 2006 the Division of Minerals and Geology conducted an inspection of your mine and found: Operator has disturbed approximately 0.9 acres outside of the permit area by mining on the southeastern edge and stockpiling material on the western edge of the approved permit boundary. The Division believes this is in violation of C.R.S. 34-32.5-109(1) £or failure to obtain a permit prior to engaging in a new operation, or C.R.S.34-32.5-116 (4)(i) and Rule 3.1.5(3) for failure to protect areas outside of the affected land from damage occurring during the mining operation. Therefore, the Division has found reason to believe a violation exists to Permit M-1994-077 and the Law and has scheduled this matter before the Mined Land Reclamation Boazd, A Forma] Public Hearing will be held during the June 14`h and 15th, 2006 Board meeting for consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado beginning at 10:00 a.m, on June 14'h and 9:00 a.m. on June 15'h or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and heazd. It will be reiterated that there is reason to believe that you are in violation of the provisions noted above If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the amount of $100.00 to $1,000,00 for each day of violation, and/or order the permit be suspended, modified or revoked. If you have evidence indicating that the possible violation noted above does not exist or have been corrected, please provide it to the Division as soon as possible or bring it to the hearing. Following the hearing, the parties have an opportunity to review and comment on a draft of the Board's order if requested. If you wish to do so, you must provide the Boazd with a written request to review the draft order at or before your hearing, or you may request to review the draft order at the hearing. An oral request to review the draft order must be made on the record during Offire of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey