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DIVISION OF MINERALS AND GEOLOGY DeWrriment of Natural Resources I J I 1 Sherman St., Roam 215 Denver, Colorado 80]03 Phone: 130 31 866-3 5 67 FA%: (}OJI 83?-8106 January 24, 2000 Mr. Patrick Cugnini 677 3rd Avenue Durango, CO 81301 DIVISION OF MINERALS GEOLOGY RECLAMATION MINING•SAFETY BIII Owens Goaemor Greg E. V.'al~her Execmive Direcror Michael B. Long Division D~reaor RE: Mining-related Disturbance~~ermit Boundary, Reason to Believe a Violation Exists, Cugnini Pit, Permit o. M-86-061 n La Plata County. Dear Mr. Cugnini: On January 11, 2000, the Division of Minerals and Geology conducted an inspection of the Cugnini Pit mining operation and found the following: the operator had caused or allowed approximately one acre of offsite damage to occur. We believe this is in violation of the Colorado Land Reclamation Act for the Extraction of Construction Materials 34-32.5-101 et seq. (CRS 1984 and 1994 supp.) and specifically, Section 34- 32.5-116(4)(1) which requires that azeas outside the affected land must be protected from slides or damage occurring during the mining operation and reclamation. Therefore, we have reason to believe that a violation exists to Permit No. M-86-061 and the Law, and have scheduled this matter before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the February 23-24, 2000, Board meeting for consideration of possible violation. The heazing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and heard. It will be reiterated that there is reason to believe that you are in violation of the provisions noted above. If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the amount of $100.00 to $1,000.00 for each day of violation, and/or order the permit be suspended, modified or revoked. In addition, it may set the matter for forfeiture of the $151,432.00 financial warranty at a subsequent hearing. IIIIIIIIIIIIIIIIIII OF COLORADO If you have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing.