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~ iii iiiiiiiiiiiiiiii ~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl o(Nawral Resources <br />7 313 Sherman 8' ,Room 215 <br />Denver, CO 80203 <br />Phone' (3031 866-3567 <br />FAY 1303)832-t~106 <br />February 25, 1994 <br />Mr. Kirk D. Smith <br />All Rite Paving and Redi Mix Inc. <br />P.O. Box 566 <br />Canon City, CO 8 1 21 5-05 66 <br />Re: Notice: of Possible Violation, File No. M-87-079 <br />Dear Mr. Smith: <br />pF Cpl <br />tid'_ 4 <br />~~; b <br />o <br />r8i6 ~ <br />Ray Romcr <br />Governor <br />Michael B. Long <br />Division Dnec for <br />On Novemt(er 30, 1993, we conducted an inspection of your mine and found evidence of <br />mining-relal:ed activity on lands outside the permit area. We believe this is in violation of either <br />C.R.S. 34-32-109 or 34-32-1 16171(h), pursuant to Minerals Rule 8.2.2(2)(b). Therefore, we <br />have found reason to believe a violation exists to Permit No. M-87-079 and the Law and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the March 23-24, 1994 Board meeting for considera- <br />tion of possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, <br />Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered, <br />and you will have the opportunity to be represented and heard. It will be reiterated that there is <br />reason to believe that you are in violation of the provisions noted above. <br />If the Boarcl finds a violation at this hearing, it may issue a cease and desist order, assess a civil <br />penalty in the amount of 550.00 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 se the matter <br />for considel•ation of forfeiture of the 55,000.00 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, I~lease 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 this office. <br />Sincerely, <br />'' Michael B. Long <br />Division Director <br />BL/bjw <br />Certified M;3il No. P 179 166 172 <br />Return RecE:ipt Requested <br />m:\oss\bjw\mbl.rco <br /> <br />