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999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Rewurces <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />December 9, 1994 <br />Ms. Julie Goettemoeller <br />Broderick & Gibbons, Inc. <br />P. 0. Box 21588 <br />Denver, CO 80221 <br />I~~ <br />DEPARTMEM OF <br />NATi7RAL <br />RESOURCES <br />Ray Romer <br />Governor <br />lames 5. Eo<hhead <br />E~ecwive Director <br />Mahael B Long <br />Divrswn Dvmor <br />RE: Reason to Believe Letter, Fountain Pit, Permit No. M-81-307 <br />Dear Ms. Goettemoeller: <br />On October 4, 1994 we conducted an inspection of your mine and <br />found: a compost operation located near the south end of the <br />permit area. <br />We believe this is in violation of C.R.S. 34-32-124 of the Mined <br />Land Reclamation Act, 34-32-101, et. sea., C.R.S 1973, as amended <br />for failure to comply with the conditions of a permit. <br />Therefore, we have found reason to believe a violation exists to <br />Permit M-81-307 and the Law and have scheduled this matter before <br />the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the January 25-26, 1995 <br />Board Meeting for consideration of a possible violation. The <br />hearing will be held in Room 318 of the Centennial Building at 1313 <br />Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon <br />thereafter as the matter can be considered, and you will have the <br />opportunity to be represented and heard. It will be reiterated <br />that there is reason to believe that you are in violation of the <br />provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a <br />cease and desist order, assess a civil penalty in the amount of <br />$100 to $1,000 for each day of violation or order the permit be <br />suspended, modified or revoked. In addition, it may set the matter <br />for consideration of forfeiture of the $51,500 financial warranty <br />at a subsequent hearing. If you have evidence indicating that the <br />possible violations noted above do not exist or have been <br />corrected, please provide it to us as soon as possible or bring it <br />to the hearing. <br />