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~r <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman S[., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />February 21, 2003 <br />Adams County RV Pazk dba 124th Es[a[es Partners <br />Attn: Les Ewegen <br />4545E 60th Ave, 1st Floor <br />Commerce City, CO 80022 <br />RE: Reason to Believe a Violation Exists at 124 Estate Gravel Pit ,DMG File t# M-2001-085 <br />Dear Mr. Tuttle: <br />DIVISION O E <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING'SAFETY <br />Bill Owens <br />Governor <br />Greg E Watcher <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />On February 11, 2003 the Division of Minerals and Geology conducted an inspection of the 124`6 Estate Gravel Pit and <br />found the following: <br />The operator had mined perimeter slopes at a gradient steeper that 1.SH:1 V in violation of their pemtit requirements <br />and the Act. <br />We believe that this is a violation of C.R.S. 34-32.5-116(4)(1) for failure to protect areas outside of the affected land <br />from slides or damage occurring during mining and reclamation operations. <br />Therefore, we have reason to believe that a violation exists to DMG File Number M-2001-085 and to the Law, and have <br />scheduled this matter to appear before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during [he Mazch 25`6 and 2bth, 2003 Board Meeting for consideration of a <br />possible violation. The hearing will be held in Room 318 of 13] 3 Sherman Street, Denver, Colorado, beginning at <br />10:00 a.m. on February 25th or as soon thereafter as the matter can be considered. At that hearing you will have the <br />opportunity to be represented and heard. It will be reiterated that there is reason to believe that you are in violation of <br />Ole provisions noted above. <br />If the Board fords a violation at [his heating, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the <br />amount of $ 100.00 to $1,000.00 for each day of violation. If you have evidence indicating that the possible violations <br />noted above do not exist or have been corrected, please provide itrto us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Tony Waldron at (303) 866-3567. <br />rely, /~ <br />onald W. Cattany <br />Division Director <br />CERTIFIED MAIL NO. 7001 2510 0004 2783 0987 <br />Retutn Receipt Requested <br />Cc: Tony Waldron <br />