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1 <br />Richard D. Lamm <br />Governor <br /> <br />• <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getche0. Exx:utive Diroctor <br />MINED LAND RECLAMATION DIVISION <br />DAVIDC. SHELTOH, Dlrsctor <br />October 1, 1984 <br />Mr. J. Edward Brosseau, Jr. <br />Mine Development, Inc. <br />1288 County Road 205 <br />Durango, CO 81301 <br />Re: Neglected Mine - File No. 81-165 <br />Dear Mr. Brosseau: <br />On September 27, 1984, the Mined Land Reclamation Board found reason to <br />believe that a violation to the permit has occurred at the Neglected Mine <br />(34-32-124(1), C.R.S.). <br />This matter will be on 'the Board agenda as a Formal Public Hearing on October <br />24, 1984, for consideration of the possible violation, possible cease and <br />desist order, and possible corrective action(s). The hearing will be held in <br />Room 110 at 1313 Sherman St., Denver, CO, beginning at 9:00 a.m. or as soon <br />thereafter as the matter can be considered. It will be reiterated that you <br />have been found in violation as follows: <br />An inspection by the Division on September 19, 1984, indicated that the <br />operator was coniiucting a cyanide heap-leach operation rather than the <br />approved vat-leach operation described in Exhibit D of permit 81-165. <br />This may also be a violation of 34-32-116(1)(h), which states: <br />"(h) Disturbances to the prevailing hydrologic balance of the affected <br />land and the surrounding area and to the quality and quantity of <br />surface and ground water systems both during and after the mining <br />operation and during reclamation shall be minimized." <br />If the Board finds a violation at this hearing, it may consider civil <br />penalties. Your attention is called to 34-32-124(7), C.R.S.: <br />"Any person who violates any permission of ... a permit issued under <br />section 34-32-11(1 shall be subject to a civil penalty of not less than <br />fifty dollars nor more than two hundred dollars per day for each day <br />during which such violation occurs." <br />423 Centennial Building, 1:{13 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />