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~, 7' III IIIIII'lllllllll • ` III'IIIII'II"II'II <br />~ ~~~°~9 STATE OF COLORADO <br />Roy Romer, Govei <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />rte, <br />January 30, 1987 ~, I ~ - <br />Mr. Don Marturano <br />3470 S. Sherman Street, Suite Z <br />Englewood, Colorado 80110-2685 <br />Re: Braley Sand & Gravel's "Braley S & G Pit No. 1"; File No. M-80-020 <br />Dear Mr. Marturano: <br />The Mined Land Reclamation Act and Permit M-80-020 require you to maintain a <br />financial warranty in good standing for the entire life of the permit. On <br />September 25, 1986, the financial warranty for this permit was increased to <br />547,500.00. The Additional financial warranty needed to be filed with us <br />promptly as noted in recent correspondence to you. We have not received a <br />replacement financial warranty. Therefore, we have found that there is reason <br />to believe a violation exists to Permit M-80-020 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 February 25-26, 1487 Board <br />meeting for consideration of violation. The hearing will be held in P.oom 110 <br />of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon <br />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 <br />believe that you are in violation of the permit and the law, specifically the <br />following provision: <br />Failure to maintain a financial warranty in good standing for the life <br />of the permit as required by 34-32-117(6), C.R.S. <br />If the Board finds a violation at this hearing, it may issue a cease and <br />desist order, assess a civil penalty in the amount of $100.00 to $1,000.00 for <br />each day of violation or order the permit be suspended, modifed, or revoked. <br />In addition it may set the matter for consideration of forfeiture of the <br />545,000.00 financial warranty at a subsequent hearing. <br /> <br />J <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />