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DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman SL, Room 21 S Denver, Colorado 80203 Phone: (303) 866-3567 FAX:(303)832-8106 October 11, 2000 Mr. Thomas A. Logue Elam Construction, Inc. 1225 S. 7th St. Grand Junction, CO 81501 • iiiiiiiiniiiiii 1399 STATE OF COLORADO D~SS I~I MINERALS GEOLOGY RECLAMATION MINING•SAFETY Re: Vagneur Site, Permit No. M-1980-085, Annual Fee and Report, Notice of Violation No. MV-2000-033, Civil Penalties, and Cease and Desist Order Deaz Mr. Logue: Bill pwens Governor Greg E Watcher Executive Director Michael B. Long Division DireUOr C.RS. 34-32.5-116(3)(a) and (b), 1989 Supp. and Permit No. M-1980-085 require you to submit to the Division of Minerals and Creology $550.00 in annual fees and an annual report on or before February 17, 2000 of each year. As of the date of this letter the Division has not received your annual fees and report for February 17, 2000. Therefore, you aze in violation of the above cited statute and the provisions of Petmit No. M-1980-085. Pursuant to C.RS. 34-32.5-124 the Mined Land Reclamation Board hereby assesses Notice of Violation No. MV-2000-033, Civil Penalties in the amount of $550.00, and Notice and Order to Cease and Desist from ALL mining related activities associated with Permit No. M-1980-085. NOTE: NO PERMTTS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.RS. 34-32.5-120) UNTIL THE VIOLATION LS ABATED. If you fa7 to submit your annual fee, annual report, aad the Civil Penalties assessed by November 30, 2000, this matter will be heard at a Formal Public Hearing before the Mined Land Reclamation Boazd for consideration of permit revocation and forfeiture of Continental Casualty Company Corporate Surety Bond No. 158332 ] 55, in the amount of $902,500.00, at the December 13 2000 (or the following day), Boazd Meeting: If you submit all past due annual fees, reports, and the Civil Penalies by November 30, 2000, this matter will be withdrawn from further Board consideration. IN ORDER TO AVOID POSSIBLE PERMIT REVOCATION AND BOND FORFEITURE, PLEASE SUBMIT $550.00 FOR ANNUAL FEES DUE AND $550-00 FOR CIVIL PENALTIES ASSESSED (FOR A TOTAL OF $1,100.00), AND YOUR ANNUAL REPORT BY NOVEMBER 30, 2000. The Board Meeting will be held on December 13, 2000 (or dte following day), in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered, and you will have the opportunity. to be represented and heazd. If you have any questions, please contact Bazbaza D. Chiappone at (303) 866-4074. Sinc lv. Michael B. L Director CERTIFIED MAII. NO. P 436 789 3 i 9 Return Receipt Requested ca Continental Casualty Company CERTIFIED MAII. NO. P 436 789 317 Return Receipt Requested