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2016-11-08_ENFORCEMENT - M1999018 (2)
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2016-11-08_ENFORCEMENT - M1999018 (2)
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Last modified
11/9/2016 2:02:17 PM
Creation date
11/9/2016 1:53:53 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1999018
IBM Index Class Name
Enforcement
Doc Date
11/8/2016
Doc Name
Reason to Believe a Violation Exists - Notice
From
DRMS
To
Wagner Rock Pit
Email Name
ACY
GRM
AJW
Media Type
D
Archive
No
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1 <br />oNa <br />CO }% <br />COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />I <br />ovember 8, 2016 <br />e, , agner Rock Pit <br />Jay Wagner <br />1850 E V St <br />Craig, CO 81625 <br />t <br />Re: Reason to Believe a Violation Exists and Notice of Board Hearing, Wagner Rock, Permit <br />No. M-19918 <br />Mr. Wagner: <br />On August 8, 2016, the Division of Reclamation, Mining and Safety (Division) issued a Notice of Surety <br />Increase (S1-2) for Wagner Rock (Permit M-1999-018) which was due October 7, 2016 and not received. <br />It was indicated that Mr. Wagner was objecting to the increase and as a result staff conducted further <br />research of the permit. Upon further review it appears that a substantial acreage beyond the approved <br />permit boundary had been affected. We believe these are violations of: <br />• C.R.S. 34-32.5-109(1) for failure to obtain a Mined Land Reclamation Board Reclamation Permit <br />prior to engaging in a new mining operation. <br />Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br />C.R.S. 34-32.5-101 et M., and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the December Board Meeting for consideration of these <br />possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, <br />beginning at 9:00 a.m. on December 15", 2016 or as soon thereafter as the matter can be considered. At <br />that hearing you will have the opportunity to present your defense. <br />This is an important leeal proceedine and you must appear in person for this hearine. If you fail to <br />appear an order and money judgment may be entered against you. In addition, failure to appear at <br />the hearing may result in legal consequences including, but not limited to, loss of party status and <br />your ability to seek 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 <br />Penalty in the amount of $1000.00 to $5,000.00 for each day of violation pursuant to C.R.S. 34-32.5- <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 s: 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Govemor i Robert Randall, Executive Directors Virginia Brannon, Director <br />
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