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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 />22 October 2010 `! <br />Mr. Dave Schultejann <br />P.O. Box 737 <br />Henderson, CO 80640 <br />db a? Cy' <br />4l <br /> <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />RE: 120th Estates Partners Mine; DRMS Permit No. M-2001-085; Notice of a Reason to Believe <br />a Violation Exists at the 120th Estates Partners Mine <br />Dear Mr. Schultejann: <br />On 4 October 2010 the Division of Reclamation, Mining and Safety (Division) conducted an inspection <br />of the 120th Estates Partners Mine located in Adams County, Colorado. During the inspection the <br />Division observed the following: <br />The Operator is placing mined overburden that has been removed from within the permit area onto a <br />location that is outside the permit area. Based on the findings of the inspection we believe that this is a <br />violation of- <br />§ 34-32.5-116(4)(i), C.R.S. for failure to protect areas outside of the affected land from <br />slides or damage occurring during the mining operation. <br />and <br />• § 34-32.5-116(4)0), C.R.S. for failure to stabilize and protect all surface areas of the affected <br />land, including spoil piles, so as to effectively control erosion. <br />Therefore, we have reason to believe that a violation exists to File Number M-2001-085 and to the Law, <br />and have scheduled this matter to appear before the Mined Land Reclamation Board. <br />An Enforcement Hearing will be held during the December 15-16, 2010 Board Meeting for <br />consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, <br />Denver, Colorado, beginning at 9:00 a.m. on December 15 or as soon thereafter as the matter can be <br />considered. At that hearing you will have the opportunity to be represented and heard. It will be <br />reiterated that there is reason to believe that you are in violation of the provisions noted above. <br />If you wish to waive your right to a 30 day notice of the hearing in order to appear before the MLRB at <br />the November 17-18, 2010 Board Meeting, please submit this request in writing at your earliest <br />convenience but no later than 10 days before the meeting. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil <br />Penalty in the amount of $100 to $1,000 for each day of violation. If you have evidence indicating that <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines