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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 86(x3567 <br />FAX: (303) 832106 <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- ~- <br />SAF ETY <br /> Bill Owens <br />January 11, 2007 covemur <br /> Russell George <br /> Ezecutive Director <br /> <br />Mr. Joseph D. Fretmd Ronald W. Cottony <br />Division Director <br />Ruruung Creek Ranch Natural Resource Trustee <br />15460 E. Batavia Dr. <br />Aurora, CO 80011 <br />RE: Reason To Believe Letter, Freund Fit, Permit No. M-1985-003 <br />Dear Mr. Freund: <br />Orl Mazch 23, 2006 the Division of Reclamation, Mining and Safety conducted an inspection of your operation and <br />found: <br />The affected area within the mine permit boundaries were not well marked. <br />The Division believes this is in violation o£ Mineral Rules and Regulations for the Extraction of Construction <br />Materials section 3.1.12(2) for failure to mark the affected boundary with cleazly visible marker or monuments. <br />Therefore, we have found reason to believe a violation exists to Permit M-1985-003 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 February 14-15, 2007 Board meeting for consideration of <br />possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at <br />9:00 a.m. or as soon thereafter as the matter can be considered and you will have the opportunity to be represented <br />and heazd. <br />If the Board fmds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the <br />amount $100 to $1,000 for each day of violation and may order the permit be suspended, modified or revoked. In <br />addition it may set the matter for consideration of forfeiture of the $5,000.00 financial warranty at a subsequent <br />hearing. 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 />The attached inspection report(s) list specific dates when corrective actions or remediation of a listed problem shall <br />be corrected by. Please provide us with notice and photographs of the completed work as soon as possible. <br />Prompt correction of the listed problems may significantly reduce any potential civil penalties the Board may levy. <br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order <br />before it becomes final. If you wish to do so, you must provide the Board with a written request to review the <br />draft order prior to or at the time ofyour hearing, or you must inform the Board orally during the hearing that <br />you request to review the draft order. You must include your mailing address and, if possible, a fax or email <br />address. You will be provided a copy ojthe draft order for your review as soon as it is available. The Board <br />must receive your comments on the draft order within ten (10) calendar days of the date the draft order is <br />ice of ttNgs~rrmnty IbcumrntsVetterslPV'slFreund Pit I.doc Office of <br />Mined ~ 4SAd146S4 Active and Inactive Mines <br />