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<br />~TAT~ OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Drpartmem ui NJmml Resources <br />I I I {Sherman 51 , ftoum ! 1 5 <br />Denver. Colorado Ng201 <br />Phnnr~ I}q,I NI,fi~356: <br />Faa ! 41111 14 3! N I f)b <br />Deccmbzr 17, I')98 <br />Ms. Patty ~hmks <br />bh}nks Construction Company <br />P.O. Bux 1107 <br />Limon, CO 303'_'3 <br />RE: Notice o(Possible Violation and Hearing Schedule, File Nn. D1-93•I03 <br />~I~. <br />DEP.IRT~,IENT OF <br />I~ATUR.A_L <br />RESOURCE <br />Ruv Hnm,g <br />r.,l~.r~,,, <br />lame, i. Lorhh,:,iil <br />E.e~uu.., Di~e_:nr <br />stn harl n. Lone <br />D~n~iun U~recnr <br />On December 3, 1993, the Division of Minerals and Geology conducted an inspection of your operation and found the following <br />You are conducting an unpermi«ed mining operation in the NE'/+ SE !~i, Szction 29, Township 9 South. Range ~7 West, in <br />Elbert County. <br />We believe this is in violation of C.R.S. 31-325-109(1) for engaain_ in a nzw operation without first obtaining a reclamation <br />permit. <br />Therefore, we have reason to believe that a violation of the Law zxists, and have scheduled this matter before the dined Land <br />Reclamation Board. <br />A Formal Public Hearing will be hzld during the' January 25 ~6, 1999 Soard meeting for consideration of possible violation. <br />The hearing will be held at the Embassy Suitzs. 7290 Commerce Center Drive, Colorado Springs, Colorado, beginning at 9'.00 <br />a.m. or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and <br />heard. It will be reiterated Chat there is ceason to believe that you are in violation of the provi<_iuns noted above. <br />You requested by phone, on December I5, 1993, that this matter be scheduled for the Board's February 1999 <br />meeting to accommodate your previously scheduled activities. If you post an interim reclamation financial <br />warranty (bond) in the amount of 56,000.00, properly zxecuted and approved by the Division, and submit a <br />complete application for a reclamation permit prior to [he Board's January meeting date, the Division will <br />reschedule the hearing for the Board's February 24=?5, 1999 meeting [o be held in Room 313 of 1313 Sherman <br />Street. Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the mater can be considered. <br />[f the Board tinds a violation aC this hearing, it may issue a Cease and Desist order, and assess a Civil Pznalty in the amount of <br />31,000.00 to 55,000.00 for each day of violation not co exczed 365 days. If you have evidence indicating that the posstblz <br />violation notzd above does not exist or has been cortected. please provide it to us as soon as possible or bring it to the hearim~. <br />If you havz any questions, please contact Larry Oehler. <br />Sincer <br />MICHAEL B. LOI G <br />Division Ducctor <br />CERTIFIED MAIL NO. Z 191 59fi 171 <br />Rzturn Rectipt Rcyuested <br />cc: ~ ~Ir. Shzrman Fzhzr, Elbert County Plannlm~ <br />>i. W sPpinmvrmpsmAi IOl~b IJu Jac <br />