Laserfiche WebLink
COLORADO <br />Division of Reclamation, <br />AT Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />April 23, 2015 <br />Mr. Lowe Billingsley <br />Cripple Creek & Victor Gold Mining Company <br />100 N. 3rd Street <br />P. O. Box 191 <br />Victor, CO 80860 <br />Re: Cresson Project; Permit No. M -1980 -244; Reason to Believe a Violation Exists and Notice of Board <br />Hearing <br />Mr. Billingsley: <br />On April 21, 2015, the Division of Reclamation, Mining and Safety (Division) conducted an inspection of the <br />Cresson Project (Permit M -1980 -244) and nearby lands (please see attached inspection report). During the <br />inspection, a disturbed area was found outside the affected land that the Division believes to have been caused by <br />the mining operations. Based on the findings of the inspection we believe this is a violation of: <br />C.R.S. 34- 32- 116(7)(h) for failure to protect areas outside of the affected land from slides or damages <br />occurring during the mining operation <br />C.R.S. 34 -32- 124(1) for failure to comply with the conditions of a permit. Specifically, the Operator <br />affected area outside the approved affected land. <br />Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, C.R.S. <br />34 -32 -101 et Eq., and have scheduled this matter to appear before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the May 27 -28, 2015 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 May 27"' or as soon thereafter as the matter can be considered. At that hearing you will have the <br />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 $100.00 to $1,000.00 for each day of violation. If you have evidence indicating that the possible <br />violations noted above do not exist or have been corrected, please provide it to the Division as soon as possible or <br />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 <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining. state. co. us Fe <br />John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director ( *U 0' <br />* 1876. <br />