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<br />STATE OF ~~~ <br />COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7313 Sherman St., Room 275 <br />Denver, Colorado 80203 ~ D i v i 5 I o N o r <br />Phone: (303) 866-3567 ~ M 1 lJ E RA L S <br />FAX: (303) 832-8106 & <br /> GEOLOGY <br /> RECLAMATION <br />May 7, 2002 MINING•SAFETY <br />John R //rr~~rck Kurtzer <br />Mr <br />~ Bill Owens <br />. <br />\L Governor <br />Kurtzer's <br />Greg E. Walther <br />24463 CR 11 Executive Director <br />Haxtlm <br />CO 80731 Michael R. Long <br />, Division Director <br />RE: Possible Illegal Mining Operation, Kurtzer Pit, File No. M-2002-053 <br />Dear Mr. Kurtzer: <br />On April 30, 2002, the Division of Minerals and Geology conducted an inspection of your operation and found the <br />following: <br />An open pit mining operation of approximately 2 acres in size in the NEl/4 of Section 34, Township <br />7 North, Range 47 West, 6"' Prime Meridian, Phillips County. The Division has no record of a <br />reclamation permit for this operation. <br />We believe this is in violation of: the Colorado Land Reclamation Act for the Extraction of Constmction'Materials, Section <br />34-32.5-109(1). <br />Therefore, we have reason to believe that a violation exists to File Nlmtber M-2002-053 and to the Law, and have scheduled <br />this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the June 26-27, 2002 Board meeting for consideration of possible violation. <br />The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m. on June 26 and <br />at 9:00 a.m. on June 27. Depending on the day that your hearing is scheduled, this matter will begin at those times or as <br />soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and heazd. <br />It will be reiterated that there is reason to believe that you aze in violation of the provisions noted above. <br />If the Board Ends a violation at this hearing, it may issue a Cease and Desist order, assess a Civil Penalty in the amount of <br />$1,000 to $5,000 for each day of violation. ff you have evidence indicating that the possible violations noted above do not <br />exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Gregg <br />Michael B. Long <br />Director ~ N/~~' <br />CERTIFIED MAIL NO.: 7099 3400 0015 1443 7863 <br />Return Receipt Requested <br />ce: Cheryl Linden, AGO <br />Environmental Protection Specialist, at 303.866.4062. <br />M:tnsslgawUcnrtzer rt65.7-02 grs <br />