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,~m,,,~, cbrn STATE OF COLORADO <br />1/ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St, Room 215 C O L O RA D O <br />Denver, Colorado 80203 DIVISION O F <br />Phone: (303) 8663567 MINERAL S <br />FAX: (303) 832-8106 G E O L O G Y <br /> RECLANATION•NINING <br />SAFETY•SCIENCE <br />May 24, 2006 <br /> Bill Owens <br /> <br />Mr. Bill Clazk Governor <br /> <br />Assistant Superintendent , / RGESen ceotRe <br />Executive Dimctor <br />Grand County Department of Road and Bridge RGnald w. Cattany <br />P.O. Box 9 Division Director <br />Granby, CO 80446 Naturel Resource Trustee <br />// <br />RE: South Fork Gravel Pit, Permit Application No. M-2006-029 <br />Notice of Possible Violation; Mining Without a Permit f/ <br />Deaz Mr. Clazk, <br />On May 9, 2006 the Division of Minerals and Geology conducted apre-operation inspection of the <br />proposed South Fork Gravel Pit, Permit Application No. M-2006-029 and found the following: <br />The applicant has disturbed all of the approximately 5.57 acres described in the reclamation permit <br />application by clearing trees, stripping topsoil and mining approximately 2.3 acres of sand and gravel <br />prior to obtaining a reclamation permit. <br />The Division believes the operator is in possible violation ofC.R.S. 34-32.5-109(1) ofthe Colorado Land <br />Reclamation Act for the Extraction of Construction Materials Rules and Regulations for failure to first <br />obtain a reclamation permit prior to engaging in a new mining operation. Therefore, the Division will <br />schedule this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the July 12th and 13s', 2006 Board meeting for consideration <br />of the possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br />Colorado, beginning at 10:00 a.m. on July 12th and 9:00 a.m. on July 15th, or as soon thereafter on each of <br />those days or as soon thereafter as the matter can be considered. At that hearing you will have the <br />opportunity to be represented and heazd. 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 issue a Cease and Desist Order or assess a Civil <br />Penalty in the amount of $1,000 to $5,000 for each day of violation for operating without a permit. Ifyou <br />have evidence indicating that the possible violation noted above does not exist or has been corrected, <br />please provide it to us as soon as possible or bring it to the hearing. <br />Following the hearing all parties have an opportunity to review and comment on a draft of the Board's <br />order before it becomes final. Ifyou wish to do so, you must provide the Boazd with a written request to <br />review the draft order prior to or at the time of your hearing, or you must inform the Board orally during <br />the hearing that you request to review the draft order. You must include your mailing address and, if <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />