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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 />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />10/4/2010 <br />I.AZI <br />James H. and Kathleen H. Ross <br />5529 Highway 394 <br />Craig, CO 81625 <br />RE. Ross Pit, File No. M-1990-134, Reason to Believe a Violation Exists <br />Dear Mr. and Mrs. Ross: <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />On June 7, 2010, the Division of Reclamation, Mining and Safety (Division) conducted an inspection of the above <br />referenced operation and found the following: <br />The observed site conditions, as well as the maps submitted with annual reports by the Operator, did not match the <br />approved permit area. Some excavation and other mining related disturbances appeared to fall outside of the approved <br />permit area. <br />On September 28, 2010, the Division received the current site conditions map submitted by the Operator in response to <br />the above noted inspection report. The updated map shows several areas of disturbance that do in fact lie outside of <br />the approved permit area. <br />The Division believes that this is in violation of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, C.R.S. 34-32.5-101 et. seq., specifically C.R.S. 34-32.5-109(1) as amended for failure to obtain a Reclamation <br />Permit before engaging in a new mining operation. <br />Therefore, the Division has reason to believe that a violation exists to Permit No. M-1990-134 and the Law, and has <br />scheduled this matter before the Mined Land Reclamation Board (Beard). <br />A Formal Public Hearing will be held during the November 17-18, 2010 Board meeting for consideration o`ft'-possible <br />violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. or as <br />soon thereafter as the matter can be considered. You will have the opportunity to be represented and heard at the <br />hearing. <br />If the Board finds a possible violation at this hearing, it may issue a Cease and Desist Order, assess a civil penalty in the <br />amount of $1000.00 to $5000.00 for each day of violation and may order the permit to be suspended, modified or <br />revoked. In addition, the Board may set the matter for consideration of forfeiture of the $5000.00 financial warranty <br />amount held by the Division for Permit No. M-1990-134 at a subsequent Board hearing. If you have evidence indicating <br />X55 <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines