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i~~riiriiiiiii~i~u , • <br />STATE OF COLORADO <br />DIVISION Of MINERALS AND GEOLOGY oe~eo <br />Department of Natural Resources ,~~.-~,;rO~ <br />N~~; 8 <br />131 3 Sherman St., Room 215 . ~ ~• . <br />Denver, CO 80203 <br />Phone: (303) 866-3567 ~ ~ tart <br />FAX: (3031 832.8106 Roy Romer <br />October 5, 1992 c°ver"°` <br />Michael B. Loop, <br />Division Dmectnr <br />Mr. W.W. Sellers <br />Brannan Sand and Grave! Company <br />4800 Brighton Boulevard <br />Denver, Colorado 80216 <br />RE: Reason to Believe a Violation Exists, Pit No. 29, Permit M-80-183 <br />Dear Mr. Sellers: <br />On August 20, 1992 we conducted an inspection of your mine and found: <br />Topsoil stockpiled outside of designated topsoil stockpile areas, and not stabilized or protected <br />from wind and water erosion. <br />We believe this is in violation of: <br />C.R.S. 34-32-116171(f) and lil; Rule 6.411), 131 and (4) and provisions of Permit No. <br />M-80-183. <br />Therefore, we have found reason to believe a violation exists to Permit M-80-183 and the Law and <br />have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the November 18-19, 1992 Board meeting for <br />consideration of possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, <br />Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered <br />and you wiil have the opportunity to be represented and heard. it will be reiterated that there is <br />reason to believe that you are in violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil <br />penalty in the amount of 5100.00 to 51,000.00 far each day of violation or order the permit be <br />suspended, modified or revoked. <br />If you have evidence indicating that the possible violations noted above do not exist or have been <br />corrected, please provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Carl B. Mount. <br />Sincerely, <br />MICHAEL 8. LONG <br />Division Director <br />MBL/yjb <br />CERTIFIED MAIL NO. P 880 733 387 <br />Return Receipt Requested Yjb\rb\torm <br />