Laserfiche WebLink
• COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street,Room 215 <br /> Denver,Colorado 80203 <br /> July 18, 2014 <br /> Yuma County <br /> Howard McGinnis <br /> 1310 S.Blake St. <br /> Wray,CO 80758 <br /> Re: Moser Pit; Permit No.M-2008-035; Reason to Believe a Violation Exists and Notice of Board <br /> Hearing <br /> Mr.McGinnis: <br /> On July 9, 2014,the Division of Reclamation, Mining and Safety(Division) conducted an inspection of Moser Pit <br /> (Permit M-2008-035) and nearby lands(please see attached inspection report). During the inspection,areas were <br /> found outside the affected land that the Division believes have been damaged by the mining operations. Based on <br /> the findings of the inspection we believe these are violations of- <br /> C.R.S.34-32.5-109(1)for failure to first obtain a reclamation permit from the Mined Land Reclamation Board <br /> before engaging in a new mining operation.(The Division considers mining 2 acres or more outside of the approved <br /> permit boundary as a violation for mining without a permit) <br /> Therefore,the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, C.R.S. <br /> 34-32.5-101 et sue., and have scheduled this matter to appear before the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the August 20-21, 2014 Board Meeting for consideration of these <br /> possible violations. The hearing will be held in Room 318 of 1313 Sherman Street,Denver,Colorado, beginning <br /> at 9:00 a.m. on August 20'h or as soon thereafter as the matter can be considered. At that hearing you will have <br /> the opportunity to present your defense. <br /> This is an important legal proceeding and you must appear in person for this hearing. If you fail to appear <br /> an order and money judgment may be entered against you. In addition,failure to appear at the hearing <br /> may result in legal consequences including,but not limited to,loss of party status and your ability to seek <br /> reconsideration from the Board or seek judicial appeal in district court. <br /> If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty <br /> in the amount of$1,000.00 to $5,000.00 for each day of violation. If you have evidence indicating that the <br /> possible violations noted above do not exist or have been corrected,please provide it to the Division as soon as <br /> possible or bring it to the hearing. <br /> All parties have an opportunity to review and comment on a draft of the Board's order before it becomes final. If <br /> you wish to do so,you must provide the Board with a written request to review the draft order prior to or at the <br /> time of your hearing, or you must inform the Board orally during the hearing that you request to review the draft <br /> order. The Board's attorney must receive your comments on the draft order within three calendar days of the date <br /> the draft order is e-mailed,unless that deadline is extended by the Board's attorney. Submit all comments in <br /> writing,by e-mail or fax,to Mr. John Roberts,jj.roberts(a)state.co.us,Fax: 720-508-6037. <br /> Please note that the Division has requested and will be allowed to review and comment on the draft Board Order. <br /> co�"• <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> y of <br /> John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director <br /> Ig�6; <br />