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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 />September 2, 2011 <br />Ignacio Vasquez Sr. <br />P.O. Box 938 <br />Lyons, CO 80540 <br />STATE OF COLORADO <br />RE: Reason to Believe a Violation Exists at the Perdue Site; DRMS File <br />No. M- 2000 -089 <br />Dear Mr. Vasquez, <br />The disturbed area was determined to be 11.6 acres in size. The site is permitted for 9.7 acres. <br />Based on the findings of the inspection we believe that this is a violation of: <br />Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />On August 31, 2011 the Division of Reclamation, Mining and Safety (Division) conducted an <br />inspection of the Perdue Site located approximately 3 miles north of Lyons, Colorado and found <br />the following: <br />• C.R.S. 34- 32.5- 116(4)(i) 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 -089 <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 October 12 and 13 2011 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 October 12 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 />146 C � M) <br />/Office of <br />Active and Inactive Mines <br />