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2016-05-05_ENFORCEMENT - M1977094 (2)
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2016-05-05_ENFORCEMENT - M1977094 (2)
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Last modified
8/24/2016 6:21:45 PM
Creation date
5/9/2016 8:33:05 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977094
IBM Index Class Name
Enforcement
Doc Date
5/5/2016
Doc Name
RTB letter
From
DRMS
To
Morgan Sand and Gravel Inc
Email Name
ECS
WHE
AJW
Media Type
D
Archive
No
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,^ DNR COLORADO <br /> CO Division of Reclamation, <br /> .• Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> May 5, 2016 <br /> Greg Westoff <br /> Morgan Sand and Gravel Inc. <br /> 21215 Hwy 52 <br /> Ft Morgan, CO 80701 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Westoff Pit; Permit M1977-094 <br /> Mr. Westoff, <br /> On April 14, 2016, the Division conducted an inspection of Westoff Pit (Permit M1977-094) and <br /> found the the operator has affected approximately 1.65 acres outside of the permit boundary. <br /> Based on the findings of the inspection we believe this is a violation of: <br /> • C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from <br /> slides or damages occurring during the mining operation and reclamation. <br /> Therefore, the Division has reason to believe that a violation exists to the Mined Land <br /> Reclamation Act, C.R.S. § 34-32.5-101 et seq., and have scheduled this matter to appear before <br /> the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the June 22-23, 2016 Board Meeting for <br /> consideration of this possible violation. The hearing will be held at 1313 Sherman Street, Room <br /> 318, Denver, Colorado,beginning at 9:00 a.m. on June 22, 2016 or as soon thereafter as the <br /> matter can be considered. At that hearing you will have the opportunity to present your defense. <br /> This is an important legal proceeding and you must appear in person for this hearing. If <br /> you fail to appear, an order and financial judgment may be entered against you. In <br /> addition, failure to appear at the hearing may result in legal consequences including,but <br /> not limited to, loss of party status and your ability to seek reconsideration from the Board <br /> or seek judicial appeal in district court. <br /> oo:coto <br /> yet, <br /> 1313 Sherman Street, Room 215,Denver,CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> John W. Hickenlooper,Governor I Robert Randall, Interim-Executive Director I Virginia Brannon, Director ,� X876 <br />
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