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w <br />iii iiiiiiiiiiiu iii ~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone:13031866-3567 <br />FAX: 13031 832.8106 <br />October 22, 1992 <br />Mr. Dennis Kirtland <br />Corn Construction Company <br />P.O. Box 1240 <br />Grand Junction, CO 81502 <br />Re: Notice of Possible Violation, Lathem-3urkett Pit, File No. M-83-013 <br />Dear Mr. Kirtland: <br />On September 28, 1992 we conducted an inspection of your mine and found the <br />processing and stockpile area lies outside of the permit boundaries. We <br />believe this is in violation of C.R.S. 34-32-101 et sea., specifically <br />C.R.S. 34-"s2-124. <br />Therefore, we have found reason to believe a violation exists to Permit <br />M-83-013 and the La~.v and have scheduled this matter before the Mined Land <br />Reclamation Board. <br />pF' COQ <br />a° s <br />,~ , b <br />~~ o <br />c , <br />r8 ]6 ~ <br />Roy Romer <br />Governor <br />Michael B.LOng <br />Divis~an Direcmr <br />A Formal Public Hearing will be held during the November 18-19, 1992 Board <br />meeting for consideration of possible violation. The hearing will be held in <br />Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or <br />as soon thereafter as the matter can be considered and you will have the <br />oopcrtunity to be repr=canted and heard. It svi11 be reiterated that there is <br />, r2asCn to 'eelieve :hat you are in violation cf the previsions noted above. <br />If theooard finds a violation at this hearing, it may issue a cease and <br />desist order, assess a civil penalty in the amount of 3100.00 to 31,000.00 for <br />each day of violation or order the permit be suspended, modified or revoked. <br />In addition it may sat the matter for consideration cf forfeiture of the <br />510,88C.00 financial .varranty at a subsequent nearing. If you have evidence <br />indicating that the possible violations noted above do not exist or have been <br />corrected, please provide it to us as soon as possible cr bring it to the <br />hearing. <br />If you have any questions, please contact Allen C. Sorenson. <br />Sincerely, <br />~4ICHAEL 3. LGNG <br />Division Director <br />MBL/,4CS/er'n <br />CERTIFIED MAIL N0. P 330 733 393 <br />Return Receipt Requested 5171E <br />