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• • III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />1)1•I~J rl ml'N nl Nulural Rcw urc cs <br />I { 14 Shaman 54., Room 21 5 <br />I k•nacr. Colorado 80203 <br />Phnnt•. 1 40 71 866-3 56 7 <br />FAY (4071 A32-8106 <br />September 18, 1995 <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Mr. Dave Hammer <br />Roy Romer <br />DH Holding, Inc. Governor <br />401 Clayton Road, P.O. Box 735 <br />Silverthorne, Colorado 80498 IamesS Lnchhead <br />E.ennme Dnet m. <br />RE: Tower Pit No. 1, Permit No. M-77-436, Reason To Believe Notice rnichaelA Ennl; <br />Division D~reno~ <br />Dear Mr. Hammer: <br />Pursuant to C.R.S. 34-32-117(4)(b)(A), on March 20, 1995, we reviewed your <br />reclamation plan and found that the current financial warranty was inadequate. <br />You were instructed to post a new financial warranty by May 22, 1995 (copy <br />enclosed). This has not been done. <br />We believe this may be in violation of Colorado Mined Land Reclamation Act, <br />C.R.S. 34-32-101 et seq. and specifically C.R.S. 34-32-117(4)(b) and (c) for <br />failure to maintain sufficient financial warranty to assure reclamation of the <br />affected land and Rule 4.2.1 for failure to maintain the financial warranty at <br />a level which reflects the actual current cost of fulfilling the requirements of <br />the Reclamation Plan. <br />Therefore, we have reason to believe that a violation exists to Permit M-77-436 <br />and the Law and have scheduled this matter before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the October 18-19, 1995 Board meeting <br />for consideration of possible violation. The hearing will be held in Room 318 <br />of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or ae soon <br />thereafter as the matter can be considered. At that hearing you will have the <br />opportunity to be represented and heard. It will be reiterated that there is <br />reason to believe that you are in 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 $100.00 to $1000.00 for each day <br />of violation or order the permit be suspended, modified or revoked. In addition, <br />it may set the matter for consideration of forfeiture of the $15,000.00 financial <br />warranty. If you have evidence indicating that the possible violation noted <br />above does 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 Gary Curtiss. <br />Sincere <br />HICHAEL B. LON~ <br />Division Director <br />enclosure <br />CERTIFIED HAIL NO. P296 607 759 <br />Return Receipt Requested c:\~p51\77436RiA.LiR <br />