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.,~~ <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Naiural Resources <br />1313 Sherman St., Room 215 <br />Denver. CO 60203 <br />303 866-3567 <br />Fax: 303 832.6106 <br />OF ~~[p <br />A~~7 <br />r~i ~ S <br />vt ~ <br />• s <br />i <br />~ r876 ~ <br />Ray Romer <br />Gavertv <br />Fred R. Banta, <br />Dnision Director <br />July 9, 1991 <br />r. Frank Starkey <br />t County Board <br />P.O. 597 <br />of Commissioners <br />Kiowa, Colorado 80117 <br />RE: Fondis Pit (Permit N0. M-88-101) Reason to Believe Violation Exists <br />Dear Mr. Starkey: <br />On July 3, 1991 we conducted an inspection of your mine and found that the <br />outslope of the (west) berm of the pit, adjacent to Spring Branch, had not <br />been stabilized by riprap which was to be accomplished by May 31, 1991 as a <br />condition to approval of TR-O1. The berm and outslope, furthermore, had not <br />been vegetated for erosion control as approved with the Initial permit <br />application. A copy of the inspection report is attached. <br />We believe this is a violation of Statute 34-32-116(7)Ci) of the Colorado <br />Mined Land Reclamation Act 34-32-101 et. sew., C.R.S. 1973 as amended. <br />Therefore, we have found reason to believe a violation exists to Permit <br />M-88-101 and the Law and have scheduled this matter before the Colorado <br />Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the August 21-22, 1991 Board <br />meeting for consideration of possible violation. The hearing will be held <br />in Room 318 of 1313 Sherman Street, Denver, Colorado 80203 beginning at 9:00 <br />a.m. or as soon thereafter as the matter can be considered and you will have <br />the opportunity to be represented and heard. It will be reiterated that there <br />is reason to believe that you are in violation of the provisions noted above. <br />