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III IIIIIIIIIIIIIIII ~ <br />DIVISION OF MINERALS AND GEOLOGY <br />DeVanmem of Natural Resources <br />1 317 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: 130 71 8h(s-7567 <br />f.vx: 13031 B:S2-8106 <br />November 12, 1997 <br />Iv1r. Scott Wagner <br />High Plains Stone <br />P.O. Boz 100 <br />Castle Rock. CO 80104 <br />RE: South 40 Quarry -Permit No. N1-90-016 <br />Reason to Believe a Violation Exists <br />Dear Mr. Wagner: <br />II~~~ <br />DEPARTMEN-f OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />dames S. Lochhead <br />Eattmive Duecror <br />Michael B. Lonx <br />Division Director <br />On November 6, 1997 we conducted an inspection of your mine and found: a failure to cleazly mazk the boundaries of the <br />pertnir/affected area although this had been identified as a compliance problem during the Division's 9/3/97 inspection and <br />marking required by 10/15/97. <br />We believe this is in violation of: <br />Rule 3. /. /Z(2) of the Construction Materials Rules and Regulations of the Colorado Mined lend <br />Reclamation Board. <br />Therefore, we have found reason to believe a violation exists to Permit M-90-016 and the Law and have scheduled this <br />trotter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the December 17-18, 1997 Hoard Meeting for consideration of possible <br />violation. The hearing will be held in Room 318 at 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as <br />soon thereafter as the matter can be considered, and you will have the opportuni[y to be represented and heard. It will be <br />reiterated that there is reason to believe tha[ you are in violation of the provisions noted above. <br />if the Board finds a violation a[ this hearing, it may issue a cease and desist order, assess a civil penalty in the amount of <br />S 100.00 to S 1,000.00 for each day of violation and may order the perrttit suspended, modified or revoked. !n addition it may <br />set the matter for consideration of forfeiture of the 52,359.55 financial wartanty at a subsegent hearing. If you have evidence <br />indicating tha[ the possible violations noted above do not exist or have been cortected, please provide it to us as soon as <br />possible or bring it to the hearing. <br />[f you have any questions, please contact James Stevens. <br />Sincerely, <br />Michael B. Lon <br />Director - <br />MBUJRC <br />CERTIFIED MA[L NO.: P 213 351 697 <br />Re[urn Receip[ Requested <br />STATE ~ COLORADO <br />M.'QSNRClY0r11aRTR 1CS <br />