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~~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />April 10, 2002 <br />Mr. Bob Sutherland <br />West End Gravel Company <br />P. O. Box 848 <br />Nucla, Colorado 81424 <br />RE: West End Gravel Pit, Permit No. M-1994-011, Reason To Believe A Yolation Exists <br />Deaz Mr. Sutherland: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MIN ING•SA FETY <br />Bill pwens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Michael 0. Long <br />Division Director <br />On January 17, 2002, we mailed notice to you indicating that a £mancial warranty of $101,837.00 is required to be <br />submitted to the Division of Minerals and Geology (DMG) no later than February 19, 2002. To date this fmancial <br />warranty has not been received by DMG. Therefore, the West End Gravel Pit is currently underbonded. <br />We believe this is in violation of Section 34-32.5-117(4) of the Mined Land Reclamation Act 34-32.5-101 et. seg, <br />C.R.S. 1984 as Amended and have reason to believe a violation exists to Permit No. M-1994-011 and the Law. We <br />have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held at the May 22-23, 2002 Board meeting for consideration of a possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado begilming at 10:00 a.m. <br />or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented <br />and heard. It will be reiterated that there is reason to believe that you aze in violation of the provisions noted above. <br />If the Board fmds 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 $ I,000.00 for each day of violation, and/or order the permit be suspended, modified, or <br />revoked. If you have evidence indicating that the possible violations noted above do noY exist or have been corrected, <br />please provide it to us as soon as possible or bring it to the hearing. <br />The number of days of violation can be minimized by submitting the requved financial warranty as soon as possible, <br />or by adequately completing enough reclamation at the site thatthe current financial warranty is adequate to cover the <br />remaining reclamation liability. <br />Ifyou have arty questions, please contact Steve Shuey at our Grand Junction Field Office, 101 South 3rd Street, Room <br />301, Grand Junction, Colorado, 81501, phone no. (970) 243-6368. <br />Sincerely, <br />M\ ICHAEL B. LON <br />Director <br />ce: Steve Shuey -Grand Jct.-DMG <br />STATE OF COLORADO <br />avslgawltemplm19940/J nnbond rtb4•J0.02 ass <br />