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• <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1 J7 3 Sherman St., Room 215 <br />Denver, C080203 <br />Phone: 13031 866-3567 <br />FA%: 1303) 832-8106 <br />January 14, 1994 <br />Mr. Steve Malouff <br />Malouff's Construction, Inc. <br />6496 Malouff Road <br />Alamosa, CO 81101 <br />Re: Bucky Claunch Pit, File No. M-82-033 <br />Dear Mr. Malouff: <br />STATE OF COLORADO <br />On January 7, 1994, we conducted an inspection of your mine and <br />without a permit (mining substantial acreage outside of your permit <br />is in violation of C.S.R. 34-32-123(2). Therefore, we have found re <br />exists to Permit No. M-82-033 and the Law and have scheduled thi <br />Land Reclamation Board. <br />OF ep(O <br />tip' <br />Me ~~ <br />lBl6 ~ <br />Roy Romer <br />Goverrgr <br />Michael g. bong <br />Division Director <br />found that you were mining <br />boundary). We believe this <br />ason to believe a violation <br />smatter before the Mined <br />A Formal Public Hearing will be held during the February 23-24, 1994 Board meeting for <br />consideration of possible violation. The hearing will be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be <br />considered, and you will have the opportunity to be represented and heard. It will be reiterated <br />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 <br />penalty in the amount of 51,000.00 to 55,000.00 for each day of violation, not to exceed 60 <br />days, or order the permit be suspended, modified or revoked. In addition, it may set the matter <br />for consideration of forfeiture of the 51,000.00 financial warranty at a subsequent hearing. If <br />you have evidence indicating that the possible violations noted above do not exist or have been <br />corrected, please provide it to us as soon as possible or bring it to the hearing. <br />X <br />If you have any questions, please contact Bob Oswald of the Division. <br />Sincerely, <br />Michael B. Lon <br />Division Director <br />MBL/bjw <br />Certified Mail No. P 179 165 807 <br />Return Receipt Requested <br />iiiiiiiiiiinium <br />m:\oss\bjw\rco <br />