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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />u O L 0 <br />o~ <br />o A <br />Denver, Colorado 80203 1 <br />nt <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 M I N I N G <br /> - &- <br /> SAF ETY <br /> Bill Ritter, Jr. <br /> Governor <br /> Harris D. Sherman <br /> Executive Director <br />May 13, 2008 Ronald w. cottony <br /> Division Director <br /> Natural Resource Trustee <br />/D Mr. Robert V. Coleman <br />Marathon Oil Company <br />743 Horizon Court ,Suite 220 <br />Grand Junction, CO 81506 <br /> <br />RE: Circle Dot Quarry Site, File No. M- 2007 - 067, Reason to Believe a Violation Exists <br />Dear Mr. Coleman: <br />On May 6, 2008 the Division of Reclamation Mining and Safety (Division) conducted an inspection of your <br />site located in Section 1, Township 6 South, Range 97 West, 6 P.M.. Approximately 9.11 acres has been <br />affected by the excavation operation which is zoned for 9.11 acres. <br />Marathon Oil Company conducted complete vegetation removal, stripping and stockpiling of topsoil and <br />construction of stormwater diversion berms and settling ponds. A Construction Materials 110c <br />Application was approved by the Division on January 18, 2008; however the financial warranty has not <br />been received by the Division. The 1 l Oc Mining and Reclamation Permit has not been issued by the <br />Division. <br />The Division believes this is in violation of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, C.R.S. 34-32.5-101 et. sec .., and specifically C.R.S. 34-32.5-109(1) as amended for <br />failure to obtain a Mined Land Reclamation Board Reclamation Permit before engaging in a new operation. <br />Therefore, the Division has found reason to believe a violation of the Law exists and has scheduled this matter <br />before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the July 9-10, 2008 Board meeting for consideration of possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at <br />9:00 a.m. or as soon thereafter as the matter can be considered and you will have the opportunity to be <br />represented and heard. It will be reiterated that there is reason to believe that you are in violation of the <br />provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the <br />amount of $1,000.00 to $5,000.00 for each day of violation. In addition to these civil penalties, the Board <br />Office of Office of <br />Mined Land Reclamation Denver Grand junction Durango Active and Inactive Mines <br />