1993-03-03_ENFORCEMENT - M1986033

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999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 131;5n'•anan 51 . Room 213 Denver. CO 80=03 Phone:,3031 866-}367 text' FAX 3o3,833-8106 Roy Romer Governor Mchael B.Looq Division D,eao, March 3, 1993 Mr. Alton Hess Sunnyside Gravel 9983 Highway 550 Durango, Colorado 81301 Re: Notice of Formal Public Hearing, Safeco Insurance Bond 1501 , $5,000.00, Hess Pit, Permit No. M-86-033 Dear Mr. Hess: The Mined Land Reclamation Act and your mining Permit require that you maintain a financial warranty in good standing for the entire life of the permit. On March 11 , 1993 the financial warranty for this permit will cancel . A replacement financial warranty needed to be filed with us as noted in recent correspondence to you. We have not received a replacement financial warranty. Therefore, we have found that there is reason to believe a violation exists to your permit and the Mined Land Reclamation Act and have scheduled this matter before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the March 24-25, 1993 Board meeting for consideration of violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered and you will have the opportunity to be represented and heard. It will be reiterated that there is reason to believe that you are in violation of the permit and the law, specifically the following provision: Failure to maintain a financial warranty in good standing for the life of the permit as required by 34-32-117(6) , C.R.S. If the Board finds a violation at this hearing, it may issued a cease and desist order, assess a civil penalty in the amount of $50.00 to $200.00 for each day of violation or order the permit be suspended, modified, or revoked. IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT A REPLACEMENT FINANCIAL WARRANTY AS DESCRIBED IN 34-32-117, C.R.S. , BY March 23, 1993.