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~ III IIIIIIIIIIIII III ~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Drpartmem nl N, tural Resources <br />1313 Sherman St., Room '_15 <br />Denver, Coluradu 80203 <br />Phone' 13031 865-3567 <br />FAx: 13031 R3?-BiOG <br />March ~, 1999 <br />Mr. Leonard Loukonen <br />Loukonen Brothers <br />12993 N. Foothills Hwy. <br />Lyons, CO 805.30 <br />RE: Beach Hill Quarries, Permit No. M-81-277 <br />Dear Mr. Loukonen: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />R E C L A M A T I O N <br />MINING•SAFE TY <br />Bill Owens <br />Governor <br />GeR E. Walther <br />Eaecuirve Director <br />Michael B. Long <br />Division Dueaor <br />On March I, 1999 the Division of Minerals and Geology conducted an inspection of the Beach Hill Quarries, Permit No. <br />M-81-277 and found the following: <br />The eight (8) quarries within the 9.9-acre permit area were surveyed using the Trimble GeoExplorer lI Global Positioning <br />System (GPS). The collected data indicate that the Beach Hill Quarries are collectively 13.7 acres in size, roughly 3.8 acres <br />outside of the presen[ permi[ boundaries of Permit No. ht-81-277. Based on the data collected, the operator failed to first <br />obtain a reclamation permit prior [o engaging in a new operation, a possible violation of C.R.S. 34-32.5-109(1) or the <br />operator failed to protec[ areas outside of the affec[ed land from slides or damage during the mining and reclamation <br />opera[ions, a possible violation of C.R.S 34-32.5-116(4)(1). We believe this is in violation of the Colorado Land <br />Reclamation Ac[ for the Extraction of Construe[ion Materials, Rule 3.1.5(3) of the Cons ruction Material Rules and <br />Regulations and Permi[ M-81-277. The Division will scheduled this mater before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the April 28-29, 1999 Board meeting for consideration of possible violation. <br />The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning a[ 9:00 a.m. or as soon <br />[hereafter as the mater can be considered. At that hearing you will have the opportuni[y to be represented and heard. It <br />will be reiterated that there is reason to believe tha[ you are in violation of the provisions noted above. <br />If the Boazd fmds a violation at this hearing, i[ may issue a Cease and Desist Order, assess a Civil Penalty in the amount <br />of 31000 [o $5000 (operating without a permi[) or 3100 [o $1000 (affec[ing the area ouiside the permit area) for each day <br />of violation, andlor order the permit be suspended, modified, or revoked. if you have evidence indicating that the possible <br />violations noted above do not exist or have been correc[ed, please provide it to us as soon as possible or bring it to the <br />hearing. <br />If you have any questions, please contact Erica Crosby. <br />Sinter <br />MICHAEL B. _ <br />Division Director <br />ce: Bruce Humphries, Carl Mount, Erica Crosby; DMG <br />CERTIFIED MAIL NO. Z 191 517 245 <br />Return Receipt Requested <br />C:\esc\viol\m81277 <br />