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~ II I IIIIIIillllll III <br />STATE • <br />OF <br />COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />DCUarlmenl of Natural Re50UrCe5 <br />1.317 Sherman 51.. Room 215 J` <br /> <br />Denver, Colorado 80207 ~~~~ <br /> <br />Pfione~ 130311166-3567 II <br />FAx: p(131 832-8106 <br /> DEPA <br />N <br />F <br />R <br />T <br />M <br />E <br />T <br />O <br />December 17, 1998 7 <br />~ <br />~ <br />7- <br />T <br />7 <br />~ <br />~ <br />Nt~1 lJ ice[ 11. ~ <br /> RESOURCES <br /> Ruy Romer <br /> Governor <br />Ms. Pony Monks lames 5 tuchhexl <br />Monks Construction Company Execmme Direaur <br />P.O. Box 1207 Michael B tong <br />Limon, CO 80823 owlsion oo-eaor <br />RE: Notice of Possible Violation and Hearing Schedule, File No. 114-98.103 <br />On December 3, 1998, the Division of Minerals and Geoloey conducted an inspection of your operation and found the following: <br />You are conducting an unpermitted mining operation in the NE'/~ SE'/., Section 29, Township 9 South, Range ~7 West, in <br />Elbert County. <br />We believe this is in violation of C.R.S. 34-32.5-109(1) for engaging in a new operation without first obtaining a reclamation <br />permit. <br />Therefore, we have reason to believe that a violation of the Law exisLS, and have scheduled this matter before the Mined Land <br />Reclamation Board. <br />A Formal Public Hearing will be held Burins the * January 25-26, 1999 Board meeting for consideration of possible violation. <br />The hearing will be held at the Embassy Suites, 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 hearins you will have [he opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that you are in violation of the provisions noted above. <br />You requested by phone, on December I5, 1998, 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 Fnancial <br />warranty (bond) in the amount of $6,000.00, properly executed and approved by the Division, and submit a <br />complete application for a reclamation permit prior to the Board's January meeting date, the Division will <br />reschedule dte hearing for the Board's February 24-25, 1999 meeting to be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginnins at 9:00 a.m. or as soon thereafter as the mater can be considered. <br />If the Board Finds a violation a[ this hearing, it may issue a Cease and Desist order, and assess a Civil Penally in the amount of <br />$1,000.00 to $5,000.00 for each day of violation not to exceed 365 days. If you have evidence indicating that the passible <br />violation noted above does not exist or has been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />IF you haveta~ny questions, please contact Larry Oehler <br />SincerdlV. \ . \ ~ <br />~ 'v .~ <br />MICHAEL B. LO C <br />Division Director <br />CERTIFIED MAIL NO. Z 191 596 471 <br />Return Receipt Requested <br />cc: Mr. Sherman Feher, Elbert County Planning <br />hl bsslpmm~cmpM9310?nb IJu dsx <br />