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III IIIIIIIIIIIII III <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depa«menl of Natural Resources <br />131 3 Sherman Si , Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FAX: 13071 832-8106 <br />January 28, 1994 <br />L. Otto Goemmer <br />P.O. Box 165 <br />La Veta, CO 81055 <br />Re: Notice of Possible Violation, Permit No. M-82-129 <br />Dear Mr. Goemmer: <br />On January 20, 1994 we conducted an inspection of your mine and found that <br />land had been affected by mining activiities outside of the permit and <br />affected land boundary. <br />OF CO~ <br />~~~ _ b <br />.~~ o <br />Ruy Rnmer <br />Guvemrn <br />Mi~havl B. Long <br />Drvrsmn Dveaor <br />We believe pursuant to Rule 8.2.2(2)(b) this is in violation of Colorado Mined <br />Land Reclamation Act C.R.S. Sections 34-32-109 or 116(7)(h). Therefore, we <br />have found reason to believe a violation exists to Permit M-82-129 and the Law <br />and have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the February 23-24, 1994 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 />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 Board finds a violation at this hearing, it may issue a cease and <br />desist order, assess a civil penalty in the amount of $50.00 to $200.00 <br />for each day of violation or order the permit be suspended, modified or <br />revoked. In addition it may set the matter for consideration of forfeiture of <br />the $5,000.00 financial warranty at a subsequent hearing. If you have <br />evidence indicating that the possible violations noted above do not exist or <br />have been corrected, please provide it to us as soon as possible or bring it <br />to the hearing. <br />If you have any questions, please contactkLarry Oehler at 303-866-3567. <br />Sincerely, <br />MICHAE~G <br />Division Director ~'--~ <br />MBL/LDO/scm <br />CERTIFIED MAIL N0. P 296 525 819 <br />Return Receipt Requested <br />i ~ <br /> <br />9774E <br />