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• ~ iiiiiiiiiiiiiii hi <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80207 <br />Phone: (7031 866-7567 <br />FA%: 1307) 872-8106 <br />September 16, 1999 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING'SAFETY <br /> all Owens <br /> Governor <br />Mr. James L. Treat Greg E. Watcher <br />Execulrve Director <br />225 "G" Street <br />Michael B. Lang <br />Salida, CO 81201 Drv~aon Director <br />RE: Reason to Believe Letter, Rock Culch Gravel Pit, Permit No. M-80-041 <br />Dear Mr. Treat: <br />On tune 16, 1999 the Division of Minerals and Geology conducted an inspection of your mine and found [hat the existing <br />$16,000.00 Financial Warranty is not sufficient [o fulfill the requirements of the reclamation plan. Notice of this <br />insufficiency was sent on June 30, 1999 and the submittal of additional Financial Warranty was required within 60 days. <br />The Operator has failed to submit such by he required date. <br />The Division believes this is in violation of C.R.S. 34-32.5- 117(4)(b) and (c) of the Colorado Land Reclamation Act for the <br />Extraction of Conswction Materials, 34-32.5-101 et sec. C.R.S. <br />Therefore, the Division has found reason to believe a violation exists to Permit No.bA4idnd the Law and has <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Folmal Public Hearing will be held during the October 20-21, 1999 Board meeting for consideration of possible <br />violation(s). The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning a[ 9:00 a.m. or <br />as soon thereafter as the matter can be considered and you will have [he opportunity to be represented and heard. It will be <br />reiterated that there is 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 order, assess a civil penalty in the amount of <br />$100.00 to $1,000.00 for each day of violation or order the permit be suspended, modified or revoked. In addition it may <br />set the matter for consideration of Corfeiture of the $16,000.00 financial warranty at a subsequent hearing. If you have <br />evidence indicating that the possible violation(s) noted above do not exist or have been corrected, please provide it to us as <br />soon as possible or bring it tD the hearing. <br />If you have any questions or need assistance prior to this meeting, please contact James Dillie. <br />Sincerely. <br />Michael B. Long <br />Division Director <br />CERTIFIED MAIL NO. Z 192 124 536 <br />Return Receipt Requested <br />M:bsslymmVerrylmgPWlnb?.jdl dac <br />