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<br /> <br />STATE OF COLORADO <br />~~ <br />• <br />• <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />171 J Sherman SL, Room 215 <br />Oenver, Colorado 80:03 <br />Phone:.U03) 866-3567 <br />FAX' (303) 832.8106 <br />October 11.2000 <br />Mr. Thomas A. Logue <br />Elam COOSWCIIOn. Inc. <br />1225 S. 7th St. <br />Grand Junction. CO 81501 <br />~~ <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />ft ECLAM ATfON <br />MINING•SAFETY <br />BJI Owens <br />Govemnr <br />GregE Walche~ <br />E recwive Dvec~or <br />Re: Highway 50 Borrow Area No. 2, Pernik No. M-1999-076, Annual Fee and Report, Notice of Violatioe Mlr heel a. Long <br />No. MY-2000A38, Civil Penakies, and Cease and Desist Order oiv~s~on o~reoor <br />Deaz Mr. Logue: <br />C.R.S. 34-32.5- 116(3)(a) and (b), 1989 Supp. and Permit No. M-1999-076 require you to submit to the Division of Minerals and <br />Geoloey $438.00 in amual fees and an annual report ov or before August 5, 2000 of each year. As of the date of this letter the <br />Division has not received your amual fees and cepoR for August 5, 2000. Therefore, you ace in violation of the above cited statute <br />and the provisions of Permit No. M-1999-076. Pursuant to C.R.S. 34.32.5-124 the Mined Land Reclamation Board hereby assesses <br />Notice of Violation No. MV-2000-038, Civil Penalties in the amount of $438.00, and Notice and Order to Cease and Desist from <br />ALL mining related activities associated with Permit No. M-1999-076. <br />NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR WHO IS <br />CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.RS. 3d-328-120) UNTIL THE VIOLATION IS <br />ABATED. <br />If you fail to submit your a®ual fee, aunual report, and the Civil Peualties assessed by November 30, 2000, this matter will be heard <br />at a Formal Public Hearing before the Miued Laud Reclamation Board for consideration of permit revocation and forfeiture of <br />American Casualty Company of Reading, Penvsytvartia Corporate Surety Boud No. 929 L02851, in dte amount of $55,000.00, at <br />We December 13, 2000 (or the fo0owmg day), Board Meeting: <br />>f you submit all past due annual fees, reports, and the Civil Penalties by November 30, 2000, this matter will be withdrawn from <br />further Board consideration. <br />IN ORDER TO AVOID POSSIIILE PERMTT REVOCATION AND BOND FORFEITURE, PLEASE SUBMIT 5.138.00 <br />FOR ANNUAL FEES DUE AND $J38.00 FOR CIVIL PENALTIES ASSESSED (FOR A TOTAL OF 5876.00), AND <br />YOUR ANNUAL REPORT BY NOVEMBER 30, 2000. <br />The Board Meeting will be held on December 13, 2000 (or the fotlowing day), in Room 318 of 1313 Sherman Street, Denver, <br />Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered, and }'ou will have the opportunity to be <br />represented and heard. <br />If you have any questions, please contact Barbara D. Chiappove at (303) 866-4074 <br />Sincerely, <br />Michael B. Long`~.z~ <br />Director <br />CERTIF~D MAIL NO. P 436 784 125 <br />Return Receipt Requested <br />ce: American Casualty Company of Reading, Pennsylvania <br />CERTIFIED MAIL NO. P 436 784 127 <br />Rearm Receipt Requested <br />