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a * P <br />• STATE OF COLORADO <br />Roy Romer, Govei <br />F8~ <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Director <br />February 1, 1989 <br />TO WHOM IT MAY CONCERIJ: <br />Avery Structures, Inc. ~"~ ~~ / ~~ S ~ 7~C,(..) <br />P. 0. Box 1910 <br />Buena Vista, CO 81211 ~^--~ <br />Re: File No. M-79-010 Avery Const Pit, nnual Fee and Report Request <br />The Mined Land Reclamation Act and Permit No. M-79-010 require you to submit <br />$350.00 in annual fees and an annual report by January 15 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-79-010- 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 />34-32-116(1 )(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 />$15,000.00 financial warranty at a subsequent hearing. <br />TO AVOID THE ABOVE ACTIONS, PLEASE SUBMIT $350.00 FOR ANNUAL FEES AHD AN <br />ANNUAL REPORT AS DESCRIBED IN 34-32-116(1)(a), C.R.S., BY TUESDAY, <br />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 />ncerely, , <br />~- ~-C <br />FRED R. BANTA <br />Director <br />FRB/bdc <br />CERTIFIED MAIL N0. P 951 837 292 <br />Return Receipt Requested <br />215 Centennial Building, 1373 Sherman Street Denver, Colorado 80203-2273 Tel. (303 866-3567 <br />