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~ STATE OF <br />DIVISION OF MINERALS AND GEOLOGY <br />DI'IhlllnH•nl ul N.lluf.ll RC~UaK Cti <br />I l l t tihe~man 51., Roum ! I S <br />I h'nvrr, ('ulorado HI71111 <br />I'honr' 1 11111 I{66-1NJ <br />PnX. 1 4011 ri 11 711116 <br />November 6, 1996 <br />Mr. Mike Ossola <br />Las Animas County Planner <br />200 Eas[ lst, Room 104 <br />Trinidad, CO 81082 <br />RE: REASON TO BELIEVE A VIOLATION EXISTS <br />Las Animas County Gravel Pi[ -Permit No. M-83-039 <br />Dear Mr. Ossola: <br />On October 31, 1996 we conducted an inspection of your mine and found: <br /> <br />COLORADO <br />~~I~I~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Governor <br />flames 5. LochheaA <br />E.ecmive Dueclor <br />Michael B. Long <br />Division Director <br />Evidence ojcurrent mining-related disturbance outside ojthe indicated permit area boundaries. <br />We believe this is in violation of: <br />Section 34-32.5-116(4)(1) of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, C.RS. 34-32.5-101 et. s~ 1995, as amended for failure to protect <br />areas outside the affected [and from damage during the mining operation. <br />Therefore, we have found reason to believe a violation exists to Permit M-83-039 and [he Law and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the December 18-19, 1996 Board Meeting for consideration of <br />possible violation. The Hearing will be held in Room 3l8 at 1313 Sherman Street, Denver, Colorado, beginning <br />at 9:00 a.m. or as soon thereafter as the matter can be considered and you will have the opportunity to be <br />represented and heard. It will be reiterated that there is reason to believe that you are in violation of the <br />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 <br />amount of $100.00 to $1,000.00 for each day of violation or order the permit suspended, modified or revoked. <br />If you have evidence indicating that the possible violations noted above do not exist or have been corrected, please <br />provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact James C. Stevens. <br />Sincer <br />/~ <br />MICHAEL B. LONG <br />Division Director <br />MBL/gaw <br />CERTIFIED MAIL NO.: Z 416 952 587 <br />Return Receipt Requested M:b„y,wo„w.x, <br />