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ese~ ~ii~ DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 86b3567 FAX: (303) 832-8106 April 4, 2006 V Mr. Richazd Coulson Coulson Excavating Company, Inc. 3609 N. CR 13 Loveland, CO 80538 RE: Reason to Believe a Violation ExistsBoard Hearing ,/ Coulson Excavating Company, Inc.; Challenger Pit; Permit No. M-1985-026 Dear Mr. Coulson, gal ovens Governor Russell George Executive Director Ronald W. Cattany DiVisiOn DireC(or Natural Resource Trustee On January 17, 2006 the Division of Minerals and Geology conducted an inspection of the Challenger Pit. The inspection revealed that the operator was not following the approved reclamation plan. In pariiculaz, the approved reclamation plan states that three small groundwater exposed ponds will remain once mining is complete. However, the operator has constructed one lazge groundwater pond (14 acres in size), one small groundwater pond (3 acres in size) and one small lined pond (4 acres in size). Therefore, the Division believes the Operator to be in possible violation of the Colorado Land Reclamation Act for the Extraction of Construction Materials Rules and Regulations, specifically: C.R.S. 34-32.5-116(1) of the Colorado Land Reclamation Act for the Extraction of Construction Materials for failure to follow the approved mining and reclamation plan. A Formal Public Hearing will be held during the May 10`h and 11`h 2006 Board meeting for consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m. on May l0`h, and at 9:00 a.m. on May 1 la' or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and heazd. It will be reiterated that there is reason to believe that you aze in violation of the provisions noted above. 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 $100.00 to $1,000.00 for each day of violation, and/or order the permit be suspended, modified, or revoked. If you have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it to the Division as soon as possible or bring it to the hearing. Following the hearing, the parties will have an opportunity to review and comment on a draft of the Boazd's order if requested. If you wish to do so, you must provide the Board with a written request to review the draft order at or before your hearing, or you may request to review the draft order at the hearing. An oral request to review the draft order must be made on the record during the hearing. You must include your mailing address and, if possible, a fax number or email address. You will be provided a copy of the draft order for your review as soon as it is available. Please note that the Division has STATE OF COLORADd '~Q ~~~ COLO ~/ DIVISION OF MINERALS GEOLOGY REC LA NATIO N•NINING SAf ETY•SCIENCE Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey