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iiiiiiniiii u ~ STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Deparlmenl of Natural Rewurces 131 S Sherman 51 . Room 215 Denver, Colorado 80203 Nhnnc: (.7011 86fiJ567 FA%: 131141 81!-8106 December 8, 1997 Mr. Bob Sutherland West End Gravel Company P. O. Box 848 Nucla, Colorado 81424 RE: West End Gravel Pit, Permit No. M-94-011, Reason To Believe A Violation Exists Dear Mr. Sutherland: ~~~~~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames 5 Lxhhead E.ecurive Drrecrw Michael B. Loop Division Director During the Division's December 3, 1997 preliminary adequacy review of West End Gravel Company's Conversion No. 1 application, it was discovered that mining operations at the West End Gravel Pit have disturbed acreage outside the currently approved l lOc permit boundary. We believe this is in violation of Section 34-32.5-116(4)(I) or Section 34-32.5-109 of the Colorado Land Reclamation Act for the Extraction of Construction Materials 34-32.5-101 et. seq. (C.R.S. 1984 and 1994 SUPP.) and Permit No. M-94-O1 I Exhibit A (legal description) and Exhibit C (mine plan map). Therefore, we have found reason to believe a violation exists to Permit M-94-011 and the Law and have scheduled this matter before the Mined Land Reclamation Boazd. A Formal Public Hearing wW be held at the January 28-29, 1998 Boazd meeting (or consideration of possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. You will have the opportunity to be represented and heard. It will be reiterated that there Is reason to believe that you aze in violation of the provisions noted above. If the Boazd finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the amount of S 100.00 to S 1000.00 for each day of violation or order the permit be suspended, modified or revoked. Operators who mine substantial acreage beyond their approved permit boundary may be found to be operating without a permit, which is subject to a civil penalty >n the amount of S 1,000.00 to S5,000.00 per day for each day the land has been affected, not to exceed 365 days. If you have evidence Indicating that the possible violations noted above do not exist or have been corrected, please provide It to us as soon as possible or bring it to the hearing. If you have any questions, please contact Steve S. Shuey at our Durango Field Office. 484 Turner Drive, Building F, Suite 101, Durango, Colorado, 81301, phone number (303) 247-5062. Sincerely, MICHAEL B. LO G Division Director MBL/SSS/gaw CERTIFIED MAIL NO.: P 526 419 700 Return Receipt Requested cc: Steve Shuey - DMG Durango Field Office M:\ass\M9d-01 I.av