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i III Iillllllllllllll <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />D <br />rt <br />(N <br />l R <br />t <br />t ~ <br />pe~c <br />men <br />ura <br />esources <br />epa <br />o <br />a r <br />~s~' <br />rSi% <br />1313 Sherman SL, Room 215 , <br />g. <br />Denver, CO 80207 . <br />Phone: 003) 866-3567 ra~5 <br />FAx: 13031 832-8106 Roy Romer <br /> <br />October 29 <br />1993 Governor <br />, Michael B. Long <br /> Division Dneclor <br />Mr. Albert Frei <br />Albert Frei and Sons, Inc. <br />11521 Brighton Road <br />Henderson, CO 80640 <br />Re: M&G Pit, Permit No. M-86-079, Notice of a Reason To Believe A Violation <br />Exists <br />Dear Mr. Frei: <br />On October 28, 1993 we conducted an inspection of your mine and found <br />dewatering of the pit is occurring which is not included in the mining plan. <br />The dewatering is affecting offsite water wells. We believe this is in <br />violation of C.R.S. 34-32-116(1) and (7)(G) and (h) of the Colorado Mined Land <br />Reclamation Act and Rules 6.1(2) and 6.2(1) of the Rules and Regulations of <br />the Colorado Mined Land Reclamation Board. <br />Therefore, we have found reason to believe a violation exists to Permit <br />M-86-079 and the Law and have scheduled this matter before the Mined Land <br />Reclamation Board. <br />A Formal Public Hearing will be held during the November 11-18, 1993 Board <br />meeting for consideration of possible violation. The hearing will be held in <br />Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or <br />as soon thereafter as the matter can be considered and you will have the <br />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 <br />desist order, assess a civil penalty in the amount of $100.00 to $1,000.00 for <br />each day of violation or order the permit be suspended, modified or revoked. <br />In addition it may set the matter for consideration of forfeiture of the <br />$25,400.00 financial warranty at a subsequent hearing. If you have evidence <br />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 <br />hearing. <br />If you have any questions, please contact Gregg Squire. <br />Sincer <br />O~ 1 `', <br />IC L B. LONG <br />vision Director <br />MBL/GRS/ern <br />CERTIFIED MAIL N0. P 296 527 289 <br />Return Receipt Requested 9167E <br />