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~ ~ iii iiiiiiiiiiiiiii <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION of ~o~ <br />Department of Natural Resources ~`vq~ <br />1313 Sherman St., Room 275 "~' <br />Denver. CO 80203 <br />303 866-3567 •~~~~ <br />FA X: 303 832-8706 <br />R0' Rdrer, <br />January 2, 1990 (~~/ l~' ~~ <br />~~ _. , ?~ I ~ ` (~ ~ ~ ~ {(~ ~ `Y.l Fretl R. Ban W. <br />~ ~ ~ Dnrmon Dneclor <br />Red Mountain Clay Company ~~~ ~ ;-r1~,~(~ ~ ~~rt`,~ , , <br />2601 Gore Road-1J <br />Pueblo, CO 81006 <br />Re: File No. M-77-317, Cedarwood Clay Mine, Annual Fee and Report Request <br />TO WHOM IT MAY CONCERN: <br />The Mined Land Reclamation Act and Permit No. M-77-317 require you to submit $50.00 <br />in annual fees and an annual report by December 15 of each year, We have not <br />received the annual fees and report. Therefore, we have found that there is reason <br />to believe a violation exists to Permit No. M-77-317 and the Law and have scheduled <br />this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the January 24-25, 1990 Board meeting <br />for consideration of possible violation. The hearing will be held in Room 220 of <br />1313 Sherman Street, Denver, Colorado, beginning at 4:00 a.m. or as soon thereafter <br />as the matter can be considered and you will have the opportunity to be represented <br />and heard. It will be reiterated that there is reason to believe that you are in <br />violation of the permit and the Law, specifically the following provision: <br />Failure to provide annual fees and annual report required by 34-32-110(8) <br />and 34-32-116(3) and (5), C.R.S. <br />If the Board finds a violation at this hearing, it may issue a cease and desist <br />order, assess a civil penalty in the amount of $50.00 to $200.00 for each day of <br />violation or order the permit suspended, modified, or revoked. In addition, it <br />mayset the matter for consideration of forfeiture of the $2,500.00 financial <br />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(8) and 34-32-116(3) and (5), C.R.S., BY TUESDAY, <br />JANUARY 23, 1990. <br />If you have nailed the annual fees and report, please disregard this notice. If <br />you have any questions, please contact Diana L. Heyer or Barbara D. Chiappone. <br />Director <br />FRB/bdc <br />CERTIFIED MAIL N0. P 767 447 <br />Return Receipt Requested <br />ncerel y/~Gu~-(tea-/ <br />FRED BANTA <br />~~ <br />655 ~~ l ~/q <br />