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Richertl D. Lamm <br />Governor <br />iiiiiiiuiiiiiuiii <br />DEPARTMENT CIF NATURAL RESOURCES <br />David H. Getchea, Exeaitive Dlractor <br />MINED LAIND RECLAMATION <br />DAVID C. SHELTOH, Director <br />June 7, 1984 <br />Mr. David Wolfswinkel <br />Southwest Properties, Inc. <br />1855 East Southern Avenue, No. 205 <br />Mesa Arizona 85204 <br />Re: Forest Lake Gravel I~it - File No. 81-158 <br />Dear Mr. Wolfswinkel: <br /> <br />DIVISIO N <br />Action by the Colorado Mined Land Reclamation Board at their May 23-24, 1984 <br />meeting resulted in a finding that there is reasonable cause to believe that a <br />violation to the permit ~`or the above captioned operation has occurred. <br />This matter will be on the Board Agenda for the day of June 28, 1984 for <br />consideration of the possible violation and possible cease and desist order on <br />this operation. <br />At the hearing, which will be held in Room 110 of 1313 Sherman Street, Denver, <br />Colorado beginning at 9:1)0 A.M. or as soon thereafter as the matter can be <br />considered, you will have the opportunity to be represented by an attorney. <br />It will be reiterated th~it you have been in violation of the permit, <br />specifically the following provisions: <br />1. In Exhibit B you state that topsoil will be salvaged. The <br />inspection of April 9, 1984, did not reveal any topsoil stockpiled. <br />2. Exhibit C delineates 7.74 acres, and it appears that mining has <br />taken place outsid~a this permit area. <br />3. In Exhibit B it has been stated that slopes in Pit No. 2 will be <br />sloped to 3:1 and that mining activity will be kept 50 feet from the <br />Wommer Ditch. Froln the field inspection it was observed that, on the <br />south side of Pit No. 2, the slopes could not be graded to 3:1 without <br />violating the 50 feet provision distance from the Wommer Ditch. <br />If the Board finds a violation at this hearing, it may set the matter for <br />consideration of possible civil penalties for the violation at a subsequent <br />hearing. Your attention is called to the following provision from C.R.S. <br />34-32-124(7). <br />423 Centennial Building, 13'13 Sherman Street Denver, Colorado 80203 Tel. (30'x) 866-3567 <br />