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• <br />~ III IIII111111111111 <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />'; 1313 Sherman Si., Room 215 <br />Denver, CO 80203 <br />Phone: 1303) 8fih-3567 <br />FAX: p031 8328106 <br />August 5, 1993 <br />Mr. Joe Jay <br />Yuma County Road Department <br />1310 South Blake <br />Wray, CO 80758 <br />Re: Ekberg Pit, Permit No. M-81-256, Reason To Believe Notice <br />pF cow <br />~`~ Pb <br />Nom. <br />0 <br />.. <br />~!B'!6 ~• <br />Roy Romer <br />Govengr <br />Michael B.Long <br />Division Director <br />Dear Mr. Jay: <br />On July 27, 1993 we conducted an inspection of your mine and found mining had <br />occurred outside the permit area. We believe this is in violation of: <br />Colorado Mined Land Reclamation Act parts 34-32-109<2> and <br />34-32-116(7)<h) and Rules 2.1 and 6.1(2) of the Minerals Rules and <br />Regulations of the Colorado Mined Land Reclamation Board. <br />Therefore, we have found reason to believe a violation exists to Permit <br />M-81-256 and the Law and have scheduled this matter before the Mined Land <br />Reclamation Board. <br />A Formal Public Hearing will be held during the August 25-26, 1993 Board <br />meeting for consideration of possible violation. The hearing will be held in <br />Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m, or <br />as soon thereafter as the matter can be considered and you will have the <br />opportunity to be represented and heard. It will be reiterated that there is <br />reason to believe that you are in violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a cease and <br />desist order, assess a civil penalty in the amount of $50.00 to 8200.00 (or <br />$1,000.00 to $5,000.00 if you are found to be mining without a permit) for <br />each day of violation or order the permit be suspended, modified or revoked. <br />If you have evidence indicating that the possible violations noted above do <br />not exist or have been corrected, please provide it to us as soon as possible <br />or bring it to the hearing. <br />If you have any questions, please contac .Carl <br />MBL/CBM/GC/ern <br />Sincere y~ <br />MICHAEL 8. LONG <br />Division Director <br />Mount or Gary Curtiss. <br />CERTIFIED MAIL N0. P 179 166 215 <br />Return Receipt Requested <br />A'37 3~ <br />