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STATE OF COLORA&M <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />/October 20th, 2008 <br />''Mullett Excavating, LLC <br />Atten: Myron Mullett <br />320 CR 241 <br />Westcliffe, Colorado 81252 <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />RE: Reason to Believe a Violation Exists at the Mullett Excavating Pit; <br />DRMS File # M-2000-115 <br />Dear Mr. Mullett: <br />On October 6, 2008 the Division of Reclamation, Mining and Safety conducted an <br />inspection of Mullett Excavating Pit, DRMS File Number M-2000-115, located <br />approximately five and a half miles north west of the town of Tyrone, Colorado in Las <br />Animas County and found the following: <br />A road has been constructed that leads to the south east portion of the mine site. This <br />road is not within the current approved permit area. Also, it appears that .23 acres has <br />been disturbed by the mining operation that is outside of the eastern permit boundary. <br />We believe that this is a violation of C.R.S. 34-32.5-116(4) (i) for failure to protect <br />areas outside of the affected land from slides or damages occurring during the <br />mining operation and reclamation. Specifically, the construction of a road and mining <br />related disturbance located outside of the current approved permit area. <br />Therefore, we have reason to believe that a violation exists to DRMS File Number M- <br />2000-115 and to the Law, and have scheduled this matter to appear before the Mined <br />Land Reclamation Board. <br />A Formal Public Hearing will be held during the December 10th and 1 l Ih, 2008 Board <br />Meeting for consideration of a possible violation. The hearing will be held in Room 318 <br />of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. on December 10th or <br />as soon thereafter as the matter can be considered. At that hearing you will have the <br />opportunity to be represented and heard. It will be reiterated that there is reason to <br />believe that you are in violation of the provisions noted above. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines