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III IIiiiliiilllllll ~ <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver. CO 80203 <br />303 666-3567 <br />FqJ(: 303 832-8706 <br />• <br />STATE OF COLORADO <br />~`~°f.~o~9' <br />~~~,.i$ <br />.~~• <br />~ le'!6 ~ <br />II'''' N ~. 5 V ~Y..J Roy Ramer. <br />Januar 2, 1990 ~, 3`c ~ 5 cU,~emnr <br />y ~ 1 Fratl R. Banta. <br />Cal~~nk Drvison Direc7or <br />(~,~ Morgan Sand and Gravel ~`(lp~ Ce.VI <br />~C Boz 983 21215 Hwy 52 <br />Fort Morgan, CO 80701 <br />Re: File No. M-77-094, Westhoff Pit. Annual Fee and Report Request <br />TO WHOM IT MAY CONCERN: <br />The Mined Land Reclamation Act and Permit No. M-77-094 require you to submit <br />$350.00 in annual fees and an annual report by December 20 of each year. We have <br />not received the annual fees and report. Therefore, we have found that there is <br />reason to believe a violation exists to Permit No. M-77-094- and the Law and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the January 24-25, 1990 Board meeting <br />for consideration of possible violation. The hearing will be held in Room 220 of <br />1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter <br />as the matter can be considered and you will have the opportunity to be represented <br />and heard. It will be reiterated that there is reason to believe that you are in <br />violation of the permit and the Law, specifically the following provision: <br />Failure to provide annual fees and annual report required by 34-32-116(3) <br />and (4), C.R.S. <br />If the Board finds a violation at this hearing, it may issue a cease and desist <br />order, assess a civil penalty in the amount of $100.00 to $1,000.00 for each day of <br />violation or order the permit suspended, modified, or revoked. In addition, it <br />mayset the matter for consideration of forfeiture of the $13,000.00 financial <br />warranty at a subsequent hearing. <br />TP AVOID THE ABOVE ACTIONS, PLEASE SUBMIT $350.00 FOR ANNUAL FEES AND AN ANNUAL <br />REPORT AS DESCRIBED IN 34-32-116(3) and (4), C.R.S., BY TUESDAY, JANUARY 23 1990. <br />If you have mailed the annual fees and report, please disregard this notice. If <br />you have any questions, please contact Diana L. Heyer or Barbara D. Chiappone. <br />ince~rely ~~ <br />FRED R. B NT~~~A <br />Director <br />FRB/b do <br />CERTIFIED MAIL N0. P 767 447 663 ~ ,~~~, <br />Return Receipt Requested U„ ,hp/ <br />