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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 8663567 FAX: (303) 832A10fi October 14, 2005 Ray and Stephanie Sikes 1425 County Road Q Pritchett, CO 81064 RE: Reason to Believe a Violation Exists at the Sikes Quarry; DMG File # M-2005-067 Dear Mr. & Mrs. Sikes: COLORADO DIVISION O F MINERALS GEOLOGY sal ovrens Governor Russell George Executive Director Ronald W. Cottony Division Director Natural Resource Trustee On October 6, 2005 the Division of Minerals and Geology conducted an inspection of a sandstone quarry located approximately 9 miles west and i3 miles south of Pritchett, Colorado and found the following: Dimensional sandstone was being extracted from a small quarry located in the southern part of Section 9 or the northern part of Section 16, Township 33 S, Range 50 W of the 6'" P. M. in Baca County, Colorado. We believe that this is a violation of C.R.S. 34-32.5-I09(I) for failure to obtain from the board or office a reclamation permit prior to engaging in a new mining operation. Specifically, significant mining operations had occurred on property owned or controlled by Ray and Stephanie Sikes. Therefore, we have reason to believe that a violation exists to DMG File Number M-2005-067 and to the Law, and have scheduled this matter to appear before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the November 16`" and 17'", 2005 Board Meeting for consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at { 0:00 a.m. on November 16th or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity [o 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 [his hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in [he amount of $ 1000.00 to $5,000.00 for each day of violation. If you have evidence indicating [ha[ 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. Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before it becomes final. !f you wish to do so, you must provide the Board with a written request to review [he draft order prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you request to review [he draft order. You must include your mailing address and, if possible, a faz number. You will be provided a copy ojthe draft order for your review as soon as it is available. The Board must receive your comments on [he draft order within ten (10) calendar days ojthe date the draft order is mailed, unless that deadline is extended Please note that [he Division_ofMinerals and CeoloQV has requested and will be allowed to review and comment an the draft Board Order prior to mailinr to am oarN. Submit al! comments in writing to Mr. Tyson Powell, Assistant Attorney General, 1525 Sherman Street, S'h Floor, Denver, Colorado 80103, or FAX #(303) 866-.1395. The Board will resolve any issues regarding the form and substance of the order. This process does not affect your right to request reconsideration by the Board or appeal the form or substance of the order. Office of Office of Colordo Mined Land Reclamation Active and Inactive Mines Geological Survey