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<br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Nawral Resources <br />1713 Sherman 51., Room 215 <br />Denver, Colorado 80207 <br />Phone:13031866-3567 <br />FAX 1303) 8328106 <br />July 22, 1994 <br />Ms. Ruth Abbott <br />Western Earth Movers <br />P.O. Box 1022 <br />Montrose, CO 81402 <br /> <br />III1111111111111111 OF COLORADO <br />~~-'.. <br />I~~~~ <br />DEPARTMENT OI <br />NATURAI <br />RESOURCE` <br />Ray Romer <br />Governor <br />lames 5 Lochhead <br />Execm rve Direcbr <br />Michael 8. Long <br />Division Drrec mr <br />c/o Frank J. Woodrow <br />Woodrow, Roushar, & Carey <br />P.O. Box 327 <br />144 South Uncompahgre Avenue <br />Montrose, CO 81402-0327 <br />RE: Tripple R. Pit - Reaeoa to Believe A Violation Exists <br />Dear Ms. Abbott: <br />On July 12, 1994 we conducted an inspection of your mine and found: <br />Mining has occurred within 200 feet of permanent manmade structures <br />and that corrective actions as requested from previous inspections <br />by the Division on April 19, 1994, May 12, 1994, and May 31, 1994 <br />had not been completed. <br />We believe this is in violation of: <br />Section 34-32-115(4)(d) of the Colorado Mined Land Reclamation <br />Act 34-32-101 et. seq., CRS 1973. <br />Therefore, we have found reason to believe a violation exists to <br />Permit M-91-097 and the Law and have scheduled this matter before <br />the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the August 24-25, 1994 <br />Board meeting for consideration of possible violation. The hearing <br />will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, <br />beginning at 9:00 a.m. or as soon thereafter as the matter can be <br />considered and you will have the opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that <br />you are in violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a <br />cease and desist order, assess a civil penalty in the amount of <br />$50.00 to $200.00 for each day of violation or order the permit be <br />suspended, modified or revoked. In addition it may set the matter <br />