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<br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1317 Sherman SI., Room 215 <br />Denver, Colorado 80203 <br />Phone: 1303) 866-3567 <br />FAX: 13031 87 281 06 <br />July 18, 1996 <br /> <br />III IIIIIIIIIIIII III F <br />COLORADO <br />~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lama 5. Lochhead <br />Mr. Scott Smith Executive Dirttlnr <br />Pathfinder Development, Inc. Michael tl. Luny; <br />P.O. Box 797 oivi:.on o~rerh~~ <br />Telluride, CO 81435 <br />RE: Reason to Believe Letter, Pathfinder Pit, Permit tYo. M-94-113 <br />Dear Mr. Smith: <br />On July 10, 1996 we conducted an inspection of your mine and found a moderate sized mud slide has <br />disturbed .3 of an acre outside the approved permit area. <br />We believe this is in 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 the mining operation and reclamation. <br />Therefore, we have found reason to believe a violation exists to Permit M-94-113 and the Law and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the August 28-29, 1996 Board Meeting for consideration of <br />possible violation. The hearing will be held in Room 318 0( 1313 Sherman Street, Denver, Colorado, <br />beginning at 9:00 a.m. or as soon [hereafter as the matter can be considered, and 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 <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, assess a civil penalty in the <br />amount o($100.00 to $1,000.00 for each day of violation and may order the permit be suspended, modified <br />or revoked. In addition it may set the matter for consideration of forfeiture of the $24,792.00 (financial <br />warranty at a subsequent hearing. If you have evidence indicating that the possible violations noted above <br />do not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact James Dillie. <br />Since ely <br />MICHAEL B. LONG <br />Division Director <br />MBiI)D/amm <br />CERTIFIED MAIL NO. Z 416 942 825 <br />Return Receipt Requested <br />M:b55Ymm~SSmirh.jtl <br />