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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />COLORADO <br />Denver, Colorado 80203 D IV IS t ON OF <br />Phone: (303) 866-3567 <br />6 qVE? RECLAMATION <br />MINING <br />FAX: (303) 832-810 <br />/ O a 2??1i? <br />su <br />SAFETY <br />August 25, 2008 <br /> Division 01 r,,eclamation, <br />and Safety <br />in gill Ritter, Jr. <br />Governor <br />Mr. Duane E. Hollenbeck Win <br />g <br />P. O. BOX 902 Harris D. Sherman <br />Gunnison, Colorado 81230 Executive Director <br />/ Ronald W. Cattany <br />Re: Hollenbeck 110, Permit No. M-1985-023, Receipt of Letter Requesting an Investigation of Violatio Division Director <br />o ?atural Resource Trustee <br />Dear Mr. Hollenbeck: <br />On August 8, 2008 the Division of Reclamation, Mining and Safety (DRMS) received a letter from the Law Offices of <br />Luke Danielson (copy enclosed) requesting that DRMS investigate alleged violations regarding the lack of permit boundary <br />markers and that no activity has occurred in the pit for over ten years. The letter goes on to request that the permit be <br />terminated. <br />A review of DRMS files found very little documentation of activity (mostly cleanup operations) since the succession of <br />operators in January 1999. The Colorado Land Reclamation Act for the Extraction of Construction Materials (the Act) <br />requires any operator who intends to temporarily cease production for 180 days or more to file a notice of temporary <br />cessation. Review of Division files failed to find a notice of temporary cessation or an indication that this mine would <br />operate intermittently. The Act also specifies that in no case shall temporary cessation be continued for more than 10 years <br />without terminating the operation and fully reclaiming the site. <br />Therefore, DRMS is requesting that you submit, by September 5, 2008, any evidence available that would document any <br />mining activity that has occurred at this mine in the last 10 years. <br />Additionally, on several occasions in the past DRMS has requested that the site be surveyed and affected area markers be <br />installed. To date DRMS has not received evidence that those markers have been installed. Please submit evidence, by <br />September 5, 2008, indicating that these markers are installed and accurately delineate the approved permit boundary. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, Grand Junction <br />Field Office, 101 South Third Street, Room 301, Grand Junction, Colorado 81501, telephone no. 970-243-6368. <br />Sincerely, <br />Steve S. Shuey <br />Environmental Protection Specialist <br />Cc: Luke Danielson - Law Offices of Luke Danielson <br />David Berry - DRMS Denver Office <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines