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<br />DIVISION OF MINERALS AND GEOLOGY <br />Depanment of Natural Resources <br />1317 Sherman St., Room ? 15 <br />Denver, CO 80203 <br />Phone: 13031 866-3 56 7 <br />FAX: 13031 832-8106 <br />July 16, 1993 <br />Mr. Pete Klein <br />Mr. Richard Zanett <br />ZMK Mine Construction, Inc. <br />P.O. Box 1817 <br />Ouray, CO 81427 <br />Re: Notice of Possible Violations, Proposed ZMK Gravel Operation, <br />File No. M-91-146 <br />Dear Mssrs. Klein and Zanett: <br />Roy ROmer <br />Governor <br />Michael B. Long <br />Division Dirtttor <br />On February 26, 1992, the Colorado Mined Land Reclamation Board found <br />ZMK Mine Construction, Inc. to be in violation of C.R.S. 34-32-109(7) for <br />conducting a mining operation without a permit, and certain corrective actions <br />and civil penalties were ordered. <br />As a corrective action, the Board ordered you to obtain a Limited Impact <br />110(2) reclamation permit by April 20, 1992. The Board further ordered a <br />civil penalty of $3,000.00 with $1,500.00 to be suspended subject to <br />compliance with the imposed corrective action by the established date. <br />The Order further stated that "should the corrective action or payment of the <br />unsuspended civil penalty not be complied with by the established date, the <br />full $3,000.00 civil penalty will be due on April 20, 1992. Although the <br />permit application was approved on March 18, 1992, the permit was not obtained <br />by the specified April 20, 1992 date and the suspended portion of the civil <br />penalty was not paid. The Division believes these to be violations of <br />C.R.S. 34-32-124 for failure to comply with the conditions of an order and has <br />scheduled these matters before the Mined Land Reclamation Board. <br />A Formal public hearing will be held during the August 25-26, 1993 Board <br />meeting for consideration of these possible violations. The hearing will be <br />held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at <br />9:00 a.m. or as soon thereafter as the matter can be considered and you will <br />have the opportunity to be represented and heard. It will be reiterated that <br />there is reason to believe that you are in violation of the provisions noted <br />above. <br /> <br />("'T A ^rr OF COLORADO <br />III IIIIIIIIIIIII III <br />999 pF' Cpl <br />New <br />A~~ <br />~~ <br />18 i6 ~ <br />