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~ ST1'~TE O~ COLGIII IIIIIIIIIIIIIIII <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Nalu ral Resources <br />1 31 3 Sherman 51., Ronm 215 <br /> <br />Denver. Colorado A0203 ~~~~ <br />Phone: 1503) 8hh~3567 I <br />FAX~(703)A32-a106 <br /> DEPARTMENT OF <br /> NATURAL <br />October 9, 1997 RESOURCES <br /> Roy Rumer <br /> Governor <br />Mr. Dafryl D. StDUt IemesS Lochheud <br /> E vec W we D~redo~ <br />Stout Ranch <br /> <br />P.O. Box 1056 Michael B. Long <br />Division Dueclor <br />Meeker, CO 81641 <br />RE: Amick Pit, Permit No. M-79-103, Reason To Believe Notice <br />Dear Mr. Stout: <br />On May 14, 1997, a Division representative inspected your mine and found that the current financial warranty was <br />inadequate. You were instructed to post a new financial warranty by September 12, 1997. This has not been done <br />We believe this may be in violation of Colorado Mined Land Reclamation Act. C.R.S. 34-32-I OI e s and specifically <br />C.R.S. 34-32-117(4) and Rule 4.2.1 for failure to maintain the financial warranty in good standing. <br />Therefore, we have reason to believe that a violation exists to Permit ht-79-103 and the Law and have scheduled this mater <br />before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the November 19 - 20, 1997 Board meeting for consideration of possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or az <br />soon thereafter az the matter can be considered. At that hearing you will have the opportunity to be represented and heard. <br />It will be reiterated that there is reason to believe that you are in violation of the 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 amount of <br />$100.00 to $1,000.00 for each day of violation and order the permit be suspended, modified or revoked. In addition, it may <br />set the matter for consideration of forfeiture of [he 52,500.00 financial wartanry at a subsequent hearing. If you have <br />evidence indicating that the possible violation noted above does not exist or have been corrected, please provide it to us az <br />soon as possible or bring i[ to the hearing. "The attached inspection reports(s) list specific dates when cortective actions or <br />remediation of a listed problem shall be corrected by. Please provide us with notice of when the financial warranty was <br />provided. Prompt correction of the listed problems may significantly reduce any potential civil penalties the Board may <br />IevY." --- -- - <br />If you have any questions, please contact Gregg Squire. <br />Sincerly, <br /> <br />X70 -~7 g <br />~~ <br /> <br />Michael B. Long <br />~'~-Division Director <br />CERTIFIED MAIL NO. P 536 431 363 <br />Retum Receipt Requested <br />M ~OSS~PMM~TEMP~M79-IOJ.GRS <br /> <br />