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' I ~r • IIIIIIIIIIIIIIII III • <br />1. <br />r STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natu r~l Resources <br />131 1 Sherm, n 51., Ruum ? I S <br />Denver, Colnroriu 80203 <br />Phune: (3011 866 3567 <br />FAX: 13031 H3?-8106 <br />October 7, 1996 <br />Mr. Leo Perdue <br />P.O. Box 1026 <br />Lyons, Colorado 80540 <br />RE: Stone Quarry on Beech Hill <br />Dear Mr. Perdue: <br />~I~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Executive Director <br />Michael B. Long <br />Division Dueclor <br />On September 18, 1996, the Division of Minerals and Geology conducted an inspection <br />of your operation and found the following: <br />Mining operations were being conducted without a permit <br />We believe this is in violation of: <br />Section 34-3Z.5-109(1) of the Colorado land Reclamation Act for the Extraction of <br />Construction Materials <br />Therefore, we have reason to believe that a violation of this act exists, and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the October 16 and 17, 1996 Board <br />meeting for consideration of possible violation. The hearing will be held in Redlands <br />Community Center, 2463 Broadway, Grand Junction, Colorado, beginning at 9:00 a.m. or <br />as soon 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 reason to <br />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 order, <br />assess a Civil Penalty in the amount of $1,000 to $5,000 for each day of violation. If you <br />have evidence indicating that the possible violations noted above do not exist or have <br />been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />The attached inspection report lists specific dates when corrective actions shall be <br />corrected by. Please provide us with notice of the completed actions as soon as possible. <br />Prompt correction of the listed problems may singificantly reduce any potential civil <br />penalty the Board may levy. <br />By law, the Division is required to provide 30 days notice for formal board hearings, <br />however, since any penalty assessment is tabulated daily beginning with the date of the <br />inspection and ending with an appearance before the Board, you may wish to waive your <br />