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STATE OF DIVISION OF MINERALS AND GEOLOGY ~,/ Department of Natural Resources 1313 Sherman St., Room 215 C O L O RA D O Denver, Colorado 80203 Phone: (303) 8b63567 DIVISION O F MIN &RA L S FAX: (303) 832$106 G E O L O G Y / REC LANATION•NININO EA EETY•E(:IENCE May 24, 2006 I/ Bill Owens Mr. Bill Clazk cwem°r Assistant Su erintendent / P aaESell ceolRe ti Di t/ Grand County Department of Road and Bridge Execu ve rector P.Q. BOX 9 Ronald W. rattany Division DIIMOr Granby, CO 80446 Natural Resource Trustee 1tE: South Fork Gravel Pit, Permit Application No. M-2006-029 I/Notice of Possible Violation; Mining Without a Permit Deaz Mr. Clazk, On May 9, 2006 the Division of Minerals and Geology conducted apre-operation inspection of the proposed South Fork Gravel Pit, Permit Application No. M-2006-029 and found the following: The applicant has disturbed all of the approximately 5.57 acres described in the reclamation permit application by clearing trees, stripping topsoil and mining approximately 2.3 acres of sand and gravel prior to obtaining a reclamation permit. The Division believes the operator is in possible violation ofC.R.S. 34-32.5-109(1) ofthe Colorado Land Reclamation Act for the Extraction of Construction Materials Rules and Regulations for failure to first obtain a reclamation permit prior to engaging in a new mining operation. Therefore, the Division will schedule this matter before the Mined Land Reclamation Boazd. A Formal Public Hearing will be held during the July 12~' and 13s', 2006 Board meeting forconsideration of the possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m. on July 12~' and 9:00 a.m. on July 15`s, or as soon thereafter on each of those days or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and heazd. It will be reiterated that there is reason to believe that you aze in violation of the provisions noted above. If the Boazd finds a violation at this hearing, it may issue a Cease and Desist Order or assess a Civil Penalty in the amount of $1,000 to $5,000 for each day of violation for operating without a permit. Ifyou have evidence indicating that the possible violation noted above does not exist or has been corrected, please provide it to us as soon as possible or bring it to the hearing. Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before it becomes final. Ifyou wish to do so, you must provide the Board with a written request to review the draft order prior to or at the time of your hearing, or you must inform the Boazd orally during the hearing that you request to review the draft order. You must include your mailing address and, if Office of Office of Colorado Mintd Land Reclamation Active and Inactive Mines Geological Survey