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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 />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />November 23, 2009 <br />Ken Coulson <br />Coulson Excavating Company, Inc. <br />3609 N. County Road 13 <br />Loveland, CO 80538 <br />COLORADO <br />D I V IS 10 N 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 Bonser Pit; DRMS File No. M-2000-156 <br />Dear Mr. Coulson, <br />On November 12, 2009 the Division of Reclamation, Mining and Safety conducted an inspection <br />of the Bonser Pit located approximately 2.5 miles east of Loveland, Colorado and found the <br />following: <br />A berm in the northeast corner of the site is located 40 feet outside of the permit boundary. <br />Based on the findings of the inspection we believe that this is a violation of <br />C.R.S. 34-32.5-116(4)(1) for failure to protect areas outside of the affected land from <br />slides or damage occurring during the mining operation and reclamation. <br />Therefore, we have reason to believe that a violation exists to DRMS File Number M-2000-156 <br />and to the Law, and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the December 9th and 10th, 2009 Board Meeting for <br />consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginning at 9:00 a.m. on December 9th or as soon thereafter as the <br />matter can be considered. At that hearing you will have the opportunity to be represented and <br />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 and/or assess <br />a Civil Penalty in the amount of $ 100.00 to $1,000.00 for each day of violation. If you have <br />evidence indicating that the possible violations noted above do not exist or have been corrected, <br />please provide it to us as soon as possible or bring it to the hearing. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines