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III III'lllllllll III <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Departmem o(Natural Resources <br />131 }Sherman St.. Room 215 <br />Denver, Colorado 80203 <br />Phone: 1303) 866-7567 <br />FAX. U031 N32-8106 <br />January 24, 2000 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MI NING•SA FETY <br />R~II ovens <br />Govrrnor <br />Greg E. Walther <br />Enecmrve D~renor <br />Mr. Eric Reckentine M~cnael e. Long <br />Lafarge Corp. D~~~~~o~ DireUnr <br />1590 West 12th Avenue <br />Denver, CO 80204-3410 <br />RE: Mining-related Disturbance Outs' the Permit Boundary, Reason to Believe a Violation <br />Exists, Bayfeld Pit #1, Per o. M- - , ' La Plata County. <br />Dear Mr. Reckentine: <br />On January 1 1,2000, the Division of Minerals and Geology conducted an inspection of the Bayfield Pit <br />#1 mining operation and found the following: the operator had caused approximately 1.2 acres of <br />mining-related damage to occur outside the permit azea boundary. <br />We believe this in violation of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials 34-32.5-101 er seq. (CRS 1984 and 1994 supp.) and specifically, Section 34-32.5-116(4)(1) <br />which requires that azeas outside the affected land must be protected from slides or damage occurring <br />during the mining operation and reclamation. <br />Therefore, we have reason to believe that a violation exists to Permit No. M-87-038 and the Law, and <br />have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the February 23-24, 2000, Board meeting for <br />consideration of possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, <br />Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. At that <br />hearing you will have the opportunity to be represented and heard. It will be reiterated that there is <br />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 <br />Penalty in the amount of $100.00 to $1,000.00 for each day of violation, and/or order the permit be <br />suspended, modified or revoked. [n addition, it may set the matter for forfeiture of the $44,437.00 <br />financial warranty at a subsequent hearing. <br />If you have evidence indicating that the possible violations noted above do not exist or have been <br />corrected, please provide it to us as soon as possible or bring it to the hearing. <br />