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• iii iiiiuiiiiiu iii , ~~ ~~ E ~ COLORADO DIVISION OF MINERALS AND GEOLOGY Deparlmenl of Natural Resources I~~~~ 1111 Shei man SI., Rnom 215 Dcnvcr. Colorado fl0203 Phone: 13~ 111 fl6h-3567 FA%; l3Q h H 12-fl 106 DEPAEtTMEN'f OF December 8, 1997 NATURAL RESOURCES Mr. Jotln Timbreza Roy Romer Delta County cn~e,~or 510 Palmer Street, Suite 227 lames 5. Lochhead Delta, Colorado 81416 e.e<°...e o^er'°' Michael B. Lung RE: Antelope Hill Gravel Pit, Permit No. M-78-172, Reason To Believe A Violation Exists oivis~on oireaor Dear Mr. Timbreza On December 1, 1997, the Division received a letter from Delta County Attorney Brad Kolman, indicating that mining operations at the Antelope Hill Gravel Ptt had disturbed acreage outside the approved permit boundary. We believe this is in violation of Section 34-32.5-116(4)(1) 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.RS. 1984 and 1994 SUPP.) and Permit No. M-78-172 Exhibit A (legal description) and Exhibit C (mine plan map). Therefore, we have found reason to believe a violation exists to Permit M-78-172 and the Law and have scheduled this matter before the Mined Land Reclamation Board. A Formal Publlc Hearing will be held at the January 28-29, 1998 Boazd meeting for consideration of possible vtolaticn. The heartng 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 are 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 revolved. Operators who mine substantial acreage beyond their approved permit boundary may be found to be oE~erating without a permit, which is subJect to a civil penalty in the amount of S 1,000.00 to S5.000.00 per da}' for each day the land has been affected, not to exceed 365 days. If you have evidence indicating that thc 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 tLave 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, ~~^- MICHA3L B. L N Division Director - -- MBL/SSS/gaw CERTIFIED MAIL NO.: P 526 419 697 Return Receipt Requested cc: Steve Shuey - DMG Durango Field Office