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<br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />DeVanmenl of Natural Resources <br />1713 Sherman Sr, Room 21 5 <br />Denver. Colorado 80203 <br />Phnne: 13071 866-3567 <br />FAx: (3011 832 BI(16 <br />February 29, 1996 <br />III IIIIIIIIIIIIIIII OF <br />999 <br />COLORADO <br />II~~~ <br />DEPARTMEnnNT~~O77F <br />~ATUt~ <br />RESOURCES <br />Roy Romer <br />Governor <br />Mr. James M. Sampson lames s. («nnead <br />Asphalt Paving Company 6ecmive Director <br />14802 W. 44th Avenue Michael B. Long <br />Golden, CO 80403 Dwa~on Dueaor <br />RE: Asphalt Paving Co., Perry Pit, Permit No. M-90-098 ~ l <br />Dear Mr. Sampson: . <br />On February 2, 1996 we conducted an inspection of your mine and found the operator had mined into the <br />property setback, and had mined the pit at an angle steeper than the required 3:1 slope. <br />We believe this is in violation of C.R.S. 34-32-5-116(1) and 4(a), for failure to perform reclamation as <br />prescribed by the reclamation plan, and failure to carry on grading so as to create an appropriate final <br />topography. <br />Therefore, we have found reason to believe a violation exists to Permit M-90-098 and the Law and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the April 24-25, 1996 Board meeting (or consideration of possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at <br />9:00 a.m. or as soon thereaher as the matter can be considered and you will have the opportunity to be <br />represented and heard. It will be reiterated that there is reason to believe that you are in violation of the <br />provisions noted above. <br />I(the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the <br />amount of $100.00 to $ 1000.00 for each day of violation or order the permit be suspended, modified or <br />revoked. In addition it may set the matter for consideration of forfeiture of the $75,553.00 financial warranty <br />at a subsequent hearing. IF you have evidence indicating that the possible violations noted above do not exist <br />or have been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Christina L. Kamnikar. <br />Sincerely, <br />/~~J <br />MICHAEL B. LONG '_~~N~J <br />Division Djredor <br />MBL/CLK/amm <br />CERTIFIED MAIL NO. P 296 607 924 <br />Return Receipt Requested <br />n~:~O55V mm~Sampson.tl4 <br />