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J <br />~ STATL~F COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman Sl., Room 215 <br />Denver. CO 60203 <br />303 866-3567 <br />Fax: 303 8328106 <br />August 29, 1991 <br />Mr. Frank Starkey <br />Elbert County Board <br />P.O. Box 597 <br />Kiowa, CO 80117 <br />of Commissioners <br />pF COQ <br />ti`` pgso <br />NT, O <br />~. ~~~~~. <br />~ 1976 ~ <br />Roy Romer, <br />Governor <br />Fred R. Banta. <br />Orv~sion Director <br />Re: Fondis Pit (Permit No. M-88-101) Notice of Violation M-91-086 and Order <br />Dear Mr. Starkey: <br />On August 21, 1991, the Mined Land Reclamation Board issued the enclosed <br />Notice of Violation and Order for the above captioned operation. We strongly <br />advise that you read this document carefully since it contains provisions <br />which must be satisfied by specific dates to avoid future Board actions to <br />revoke Permit No. M-88-101. Please be aware that this issue has been <br />continued until the September 18-19, 1991 meeting of the Board. <br />At the September meeting, the Board will also hold a hearing, pursuant to <br />34-32-124, C.R.S. to consider a violation of 34-32-116<7)(g) and (h> C.R.S. <br />(1990 Supplement) for falling to protect areas outside of the affected area <br />from disturbing the hydrologic balance of the affected land and of the <br />surrounding area and for damage that occurred when the road crossing washed <br />downstream anal deposited debris on the property of neighboring landowners. <br />Furthermore, the Board will consider whether to revoke Permit No. M-88-101 for <br />misrepresentation of the ownership of the subsurface rights of the affected <br />land by failing to identify, as required by 34-32-110(2)(a)(III), C.R.S. C1990 <br />Supplement), the interests in such rights held by Marjorie Lou Rogers, Dorothy <br />Joann Redding, Shirley Ruth Hair and Caroline Arville West. Finally, the <br />Board will consider whether the haul road crossing that was installed after <br />the previous haul road crossing was washed out on July 9, 1991 is in violation <br />of the provisions of Permit No. M-88-101 as amended 6, item nos. 1 and 4 of <br />Technical Revision No. O1. <br />The meeting will be held in Room 318 of 1313 Sherman Street, Denver, Colorado <br />80203 as a Formal Public Hearing 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 <br />represented and heard. <br />