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° " STATE OF COLORADO <br /> "^lvJ Roy Romer, Governor <br /> •`1876` <br /> l� <br /> i <br /> DEPARTMENT OF NATURAL RESOURCES <br /> MINED LAND RECLAMATION DIVISION <br /> FRED R. BANTA, Director <br /> October 26, 1988 <br /> Albert Frei & Sons, Inc. <br /> 8400 Holly St <br /> Henderson, CO 80640 <br /> Re: File No. M-79-165 , Frei Pit No 3, Annual Fee and Report Request <br /> TO WHOM IT MAY C014CERN: <br /> The Mined Land Reclamation Act and Permit No. M-79-165 require you to submit <br /> $350.00 in annual fees and an annual report by October 25 of each year. We <br /> have not received the annual fees and report. Therefore, we have found that <br /> there is reason to believe a violation exists to Permit No. M-79-165- and the <br /> Law and have scheduled this matter before the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the November 15-16, 1988 Board <br /> meeting for consideration of possible violation. The hearing will be held in <br /> Room 220 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 permit and the Law, <br /> specifically the following provision: <br /> Failure to provide annual fees and annual report required by <br /> 34-32-1160 ) (a), C.R.S. <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 $100.00 to $1 ,000.00 for <br /> each day of violation or order the permit suspended, modified, or revoked. In <br /> addition, it may set the matter for consideration of forfeiture of the <br /> $7,200.00 financial warranty at a subsequent hearing. <br /> TO AVOID THE ABOVE ACTIONS, PLEASE SUBMIT $350.00 FOR ANNUAL FEES AND AN <br /> ANNUAL REPORT AS DESCRIBED IN 34-32-116(1 ) (a ), C.R.S. , BY MONDAY, <br /> NOVEMBER 14, 1988. <br /> If you have mailed the annual fees and report, please disregard this notice. <br /> If you have any questions, please contact Diana L. Bills, <br /> i ncerely� /> <br /> FRED R. BANTA <br /> Director <br /> FRB/bdc <br /> CERTIFIED MAIL NO. P 765 475 532 <br /> Return Receipt Requested <br /> 215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel.(303) 866-3567 <br />