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2018-10-11_ENFORCEMENT - M2018052
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2018-10-11_ENFORCEMENT - M2018052
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Last modified
12/10/2024 4:29:26 AM
Creation date
10/12/2018 12:45:42 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2018052
IBM Index Class Name
ENFORCEMENT
Doc Date
10/11/2018
Doc Name
Reason to Believe a Violation Exists - Notice
From
DRMS
To
Steven Hunter
Email Name
ECS
MAC
Media Type
D
Archive
No
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October 11, 2018 <br /> Mr. Steven Hunter <br /> 510 Bearing Tree Rd <br /> Breckenridge CO 80424 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Hunter Unpermitted Site; File# M-2018-052 <br /> Mr. Hunter, <br /> On October 4, 2018, the Division conducted an inspection of the Hunter property at the request of <br /> Summit County personnel. During that inspection DBMS observed excavation and processing activity <br /> conducted by the property owner which the Division believes constitutes mining without a permit. <br /> Based on the findings of the inspection we believe this is a violation of: <br /> • C.R.S. 34-32-109(1) for failure to first obtain a reclamation permit from the Mined Land <br /> Reclamation Board or Office before engaging in a new mining operation as required. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act <br /> for the Extraction of Construction Materials, C.R.S. § 34-32-101 et sue., and have scheduled this matter <br /> to appear before the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the November 14-15, 2018 Board Meeting for consideration <br /> of this possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, <br /> Colorado, beginning at 9:00 a.m. on November 14, 2018 or as soon thereafter as the matter can be <br /> 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 you fail to <br /> appear,an order and financial judgment may be entered against you. In addition, failure to appear <br /> at 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 assess a Civil <br /> Penalty in the amount of S50.00 to $200.00 for each day of violation, not to exceed 60 days, pursuant to <br /> C.R.S. 34-32-123(3). If you have evidence indicating that the possible violation noted above does not <br /> exist or has been corrected, please provide it to the Division as soon as possible or bring it to the hearing. <br /> Any information to be considered by the Board during the hearing must be received by the Division on or <br /> before November 7, 2018. <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. Hxkenlooper, Governor I Robert Randall, Executive Director i Virginia Brannon, Director <br />
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