2013-12-13_ENFORCEMENT - M1984013

• Permit No: M1984013
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/13/2013
• Doc Name: Reason to Believe Letter
• From: DRMS
• To: Mr George E Otten
• Email Name: MAC
• Email Name: TAK
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
STATE OF COLORADO
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
December 13, 2013 Governor
Mike King
Mr. George E. Otten Executive Director
11438 CR 19
Loretta E. Pineda
Fort Lupton, CO 80621 Director
RE: Reason to Believe a Violation Exists at Mackey Mine; DRMS File No. M- 1984 -013
Dear Mr. Otten,
On August 22, 2013, the Division of Reclamation, Mining and Safety (Division) conducted an inspection
of the Mackey Mine and cited the following problems:
1. The affected area was not adequately delineated with markers or monuments.
2. Refuse was observed throughout the affected area.
3. The adit portal was not adequately safeguarded to prevent entry from the public.
On September 12, 2013 the Division mailed notice to you requiring a financial warranty increase in the
amount $7,000.00 to be submitted within 60 days of the date of notice. To date, the required additional
financial warranty has not been submitted to the Division. In addition, the Division has received no
documentation that the corrective actions have been completed.
Therefore, the Division believes that this is a violation of:
1. Rule 3.1.12(2) for failure to delineate the boundary of the affected area.
2. C.R.S. 34- 32- 116(7)(d) for failure to dispose of refuse in a manner that will control unsightliness,
or deleterious effects from such refuse.
3. Rule 8.5(a) for failure to maintain safeguarding of the adit.
4. C.R.S. 34- 32- 117(4)(c)(II) and Rule 4.2.1(2) for failure to post additional financial warranty
within 60 days of the date of notice of adjustment.
Therefore, we have reason to believe that violations exist to DRMS File Number M- 1984 -013 and to the
Law, and have scheduled this matter to appear before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the January 15th and 16th, 2014 Board Meeting for
consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street,
Denver, Colorado, beginning at 9:00 a.m. on January 15`h or as soon thereafter as the matter can be
considered. At that hearing you will have the opportunity to be represented and heard. It will be
reiterated that there is reason to believe that you are in violation of the provisions noted above.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines