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III ~II~II~II~~II III <br />sss <br />DEPARTMENT OF NATURAL RESOURCES <br />DaviO H. Getche4 Executive Director <br /> <br />MINED LAND RECLAMATION DIVISION <br />DAVID C~. SHELTON, Director <br />Richartl D. Lemur <br />Governor <br />May 30, 1985 <br />Mr. Albert Frei <br />11521 Brighton Road <br />Henderson, Colorado 80640 <br />Re: Pit No. 1 - File No. M-78-255 <br />Hazeltime Investment Association - File No. M-77-153 <br />Action Taken at the May 22, 1985 Meeting <br />of the Mined Land Reclamation Board <br />Dear Mr. Frei: <br />Upon careful review, the Board did not find reason to believe a violation <br />exists for failure to provide financial warranty for Pit No. 1 as the <br />financial warranty is due on May 28, 1985. If the financial warranty is not <br />received on May 28, 1985, the matter will be scheduled for the June 25-26, <br />1985 meeting for finding a reason to believe a violation exists for failure to <br />provide a performance and financial warranty. <br />The Board, found reason to believe a violation exists for failure to provide <br />the increased financial warranty on the Hazeltime Investment Association Pit. <br />This matter was then scheduled for Formal Hearing in June to consider a Notice <br />of Violation/Cease and Desist and civil penalties. <br />Therefore, pursuant to C.R.S. 34-32-124, you are hereby notified that a <br />hearing was been scheduled pursuant to the "State Administrations Procedure <br />Act" APA, Article 4 of Title 24 C.R.S. for June 25-26, 1985or 8:00 a.m. on <br />June 26, 1985, in the Commons Room or Auditorium at the Paonia High School, <br />1151 Highway 187, Paonia, Colorado. The meeting will commence at 7:00 p.m. on <br />June 25, 1985, or as soon thereafter as the matters can be considered. Please <br />contact this office on June 21, 1985 for the specific day that the matter will <br />be considered. <br />The hearing is open to the public and shall be conducted in accordance with <br />the APA. The Board shall afford the operator the right to appear before the <br />Board with counsel. At this hearing, the Board will consider issuing a Notice <br />of Violation for not providing the increased financial warranty and a cease <br />and Desist Order. The Board will also consider levying civil penalties <br />against you for failure to provide this surety. Please note that as per <br />C.R.S. 34-34-124(7): "Any person who violates any provision of any permit <br />issued under this article shall be subject to a civil penalty of not less than <br />one hundred dollars per day nor more than one thousand dollars per day for <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />