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<br />III IIIIIIIIIIIIIIII STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />DcpJrl moral nl N.1l oral Rc50UTC5 <br />141 1 tihamlan 51 . Nuum 115 <br />Drnvrr. (nluaulu HI1101 <br />I'hunc: 1 Ill 4i Nhh- ISIJ <br />FAY l 8111 NI!~HIIIL <br />February 7, 1996 <br />Mr. Timothy L. Roberts <br />Montrose Coun[y <br />P.O. Box 1289 <br />Montrose, CO 81402 <br />RE: Reason to Believe, Neal Pit, Permit No. M~3-148 <br />Dear Mr. Roberts: <br />~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCE <br />Ruy Rumc~ <br />Govr~no~ <br />lamer 5. Luchhrad <br />f+aulnc Direaw <br />Michael tl. Long <br />Urvniun Durnw <br />On January 31, 1996 we conducted an inspection of your mine and found substantial mining disturbance <br />outside the 8.1 acre permit boundary. <br />We believe this is in violation of Section 34-32.5-116(4)(1) of the Colorado Land Reclamation Act for Extraction <br />of Construction Materials, C.R.S. 34-32.5-101 et. sec., 1995; or, pursuant to Section 34-32.5-123, a violation <br />of Section 34-32.5-109 of the Act. <br />Therefore, we have found reason to believe a violation exists to Permit M-83-148 and the Law and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the March 20-21, 1996 Board meeting for consideration of <br />possible violation. The hearing 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 considered and you will have the opportunity <br />to be represented and heard. It will be reiterated that there is reason to believe that you are in violation of <br />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 penalty in the <br />amount of 5100.00 to 55000.00 for each day of violation or order the permit be suspended, modified or <br />revoked. 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 [o the hearing. <br />If you have any questions, please contact Tom Schreiner. <br />Sincerely, <br />MICHAEL B. LONG <br />Division Director <br />MBt1TA5/amm <br />CERTIFIED MAIL NO. P 296 797 303 <br />Return Receip[ Requested <br />cc: Jim Stevens, DMG <br />