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~- M ,i~~ ~ ~ III IIIIIIIIIIIIIIII ~~ <br />T: °°; a ST~TF, OF COLORADO <br />,.n, r--, ,8t <br />Roy Romer, Govei <br />.n <br />i~ ~' <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, DlractOr <br />February 1, 1989 <br />John A'. McNulty <br />7747 100 Road <br />Carbondale, CO 81623 <br />TO WHOM IT MAY CONCERN: <br />~ 9 ~~s <br />~ 87W <br />C? ~.~ <br />Re: File No. M-80-003 Mc Nulty Cinder Pit, Annual Fee and Report Request <br />The 14ined Land Reclamation Act and Pe gait No. M-80-003 require you to submit <br />550.00 in annual fees and an annual report by January 23 of each year. iJe <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-80-003 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 February 22-23, 1989 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 />34-32-110(4), C.R.S. <br /> <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 5200.00 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 />$2,500.00 financial warranty at a subsequent hearing. <br />TO AVOID THE ABOVE ACTIONS, PLEASE SUBMIT $50.00 FOR ANNUAL FEES AND AN ANNUAL <br />REPORT AS DESCRIBED IN 34-32-110(4), C.R.S., BY TUESDAY, FEBRUARY 21, 1989. <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 />r <br />~i7rcernly, , - <br />i ~. <br />FRED R. BANTA <br />Director <br />FRB/bdc <br />CERTIFIED MAIL N0. P 951 837 284 <br />Return Receipt Requested <br />~~~F4/ <br />~~,w <br />i <br />~~ <br />2i5 Centennial Building, .373 Sherman Street Denver. Colorado 80203.2273 Tel. (303) 366-3567 <br />