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~ III IIIIIIIIIIIII III ~ <br />999 <br />STATE OF COLOI~DO <br />DIVISION OF MINERALS AND GEOLOGY <br />D~•parlmenl of Nalu ral Re50urCes <br />I f l S Sherman 51., Room ? I5 <br />Ucnvcr. Gilnrsb 80'_03 <br />Phune:l l0}I Nbb-356i <br />tAX~. (;01181'_-810b <br />January I I, 1999 <br />Mr. Joseph Cogan <br />24899 U.S. H~ry 28~, P.O. Box 113 <br />Nathrop, Colorado 81236 <br />Re: Permit No. M-98-091; Arnold Gulch; Possible Violation for Illegal Mining <br />Dear Mr. Cagan: <br />Ulb~ <br />DEP,4RTM11ENT OF <br />NATURAL <br />RESOURCES <br />Rov Romer <br />Governor <br />lames S. LOChhead <br />Executive Direnor <br />Michael B. Long <br />Di. isbn Dueuor <br />On January 8, 1999 the Division of Minerals and Geology conduced an inspection ofyour mine and found: <br />You were engaging in mining operations prior to obtaining a Reclamation Permit. <br />The Division believes this is in violation of: <br />The Colorado Land ReclamatiooAct far the Extraction of Construction IVlaterials, specificallyC.R.S. <br />34-32.5-109(1) which states that "Before engaging in a new operation, an operator shall first obtain <br />from the Eoard or oftice a reclamation permit pursuant to sectia 34-32.5-110, 34.32.5-111 or 34-32.5- <br />112". <br />Therefore, the Division has found reason tobelieve a violation exists to Permit M-98-091 and the Law and <br />has scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Publ is Hearing will be held during the January 25th and 26th, 1999 Board meeting for consideratin <br />of possible violation(s). The hearing foryour item will be on January 26th and will be held at the Embassy <br />Suites in Colorado Springs, Colorado 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 heard. The Embassy Suites Hotel is <br />located at 7290 Commerce Center Drive. It will be reiterated that there is reason to believe that you are in <br />violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may assess a civil penalty in ttte amount of $1,000.00 to <br />$x,000.00 for each day of violation. If you have evidence indicating that the possible violation(s) noted <br />above do not exist or have been corrected, please provide it to us as soon as possibl®r bring it to the hearing <br />If you have any questions, please contact Tony Waldron at (303) 866-3567. <br />Sincerely <br />MICHAEL B. LONG <br />Division Director <br />MBL/ajw <br />CERTIFIED MAIL NO. Z 130 090 681 <br />Return Receipt Requested <br />C \OFFICE\wPWIMN'PDOC$\RT098091 wPD <br />