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<br /> III IIIIIIIIIIIIIIII ~F COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Dcpanmcnt of Natural Resources <br />171 3 Sherman SL, Room ? I S <br /> <br />Denver, Colorario BO?03 II~~ <br />Phone: (3071 866-7567 <br />FA%: 11071 Bl? 8106 <br /> DEPARTMENT OF <br /> NATURAL <br /> RESOURCES <br />June 26, 1996 <br /> Roy Romer <br />Ms. Marlene Crosby Governor <br /> lames S Lochhead <br />Gunnison County Eaecmrve oiretlor <br />11th and Rio Grande Michael B Long <br />Gunnison, CO 81230 Div~s~on Direclar <br />RE: Notice of Possible Violation for O ite Damage or Unpermitted Mining, <br />Nicolas Brothers Pit, Permit No. ~ 3-155 ~ ~,,~~,~ ~ 5 (,~ ~ (~, ~.,~ ~ (_ ~ <br />i <br />Dear Ms. Crosby: _ ~ <br />On June 20, 1996 we conducted an inspection of your mine and found evidence of mining-related <br />damage outside the permit boundary. <br />We believe this is in violation of either C.R.S. 3432.5-109 for unpermitted mining, or 34-32.5- <br />116(4)(1) for offsite damage. <br />Therefore, we have found reason to believe a violation exists to Permit M-83-155 and the Law and <br />have 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 <br />consideration of possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, <br />Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered, and <br />you will have the opportunity to be represented and heard. It will be reiterated that there is reason <br />to believe that you are in 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 <br />penalty in the amount of $700.00 to $5,000.00 for each day of violation and/or may order the <br />permit be suspended, modified or revoked. If you have evidence indicating that the possible <br />violations noted above do not exist or have been corrected, please provide it to us as soon as <br />possible or bring it to the hearing. <br />If you have any questions, please contact Bob Oswald. <br />Sincerely, <br />o~.`~~~ <br />MICHAEL B. LONG <br />Division Director <br />MBURCO/amm <br />CERTIFIED MAIL NO. Z 416 942 789 <br />Return Receipt Requested <br />r <br />r <br />MiO55VmmKmsby.rco <br />