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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1 313 Sherman 8t., Room 215 <br />Denver, Colorado 80203 <br />DIVISION O F , <br />Phone: (303) 8663567 MINERAL S <br />FAX: 13031 83 2-81 06 & <br />July 25, 2000 G E O L O G Y <br /> RECLAMATION <br /> MINING•SAF ETY <br />Mr. Randy Perdue <br />P.O. Box 81 1 Bill Owens <br />Lyons, Colorado 80540 Governor <br /> Greg E. Watcher <br /> <br />RE: Randy Perdue; Perdue Quarry File No. <br />M-2000-089 ~ Evecwive Director <br /> Michael B. Long <br /> Division Dneanr <br />Dear Mr. Perdue: <br />On July 6, 2000 the Division conducted an aerial inspection to determine if mining is taking place on your property located <br />in Township 3N, Range 70 West, Section 5 of the 6'" Principal Ivteridian. The following was noted: <br />The site was flown at 11:00 a.m. on July 6, 2000 after the Division was denied access to the site to conduct a ground <br />inspection. The plane was approximately2,000 to 3,000 feet above the ground surface. A number of photographs were taken <br />that were transposed to slides and enlarged to determine if rack quarrying is taking place. The area of disturbance ranges <br />from 0.5 acre to I acre in size. A number of pallets can be depicted in the aerial photographs, near the area of excavation. <br />In addition, a number of trailers and/or buildings are present on site. Based on the aerial inspection, is appears that mining <br />is taking place. The Division believes this may be considered a mining operation under C.R.S.34-32.5-103(1) and C.R.S. <br />34-32.5-103(13) and may require a mining and reclamation permit. <br />Based on the evidence noted above. a violation may have occurred far failure to first obtain a reclamation permit prior to <br />engaging in a new operation. We believe this is in violation of 34-32.5-109(1) of the Colorado Revised Statutes, commonly <br />referred to as [he Colorado Land Reclamation Ac[ for the Extraction of Construction Materials, and Rule 1.2.3 of the <br />Construction material Rules and Regulations. Therefore, we have reason to believethat a violation exists for mining without <br />a permit, and to the Law, and have scheduled [his matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the September 20-21, 2000 Board meeting for consideration of possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginningat 9:00 a.m. or as soon <br />thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and heazd. It wilt <br />be reiterated that there is reason to believe [hat you are in violation of [he provisions noted above. <br />If the Board finds a violation a[ this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the amount of <br />$1000.00 to $5000.00 for operating without a permit 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 i[ [o us as soon as possible or bring it to <br />[he hearing. <br />If you have any questions, please contact Carl Mount or Erica Crosby. <br />Sincere) <br />ICHAEL B. ONG <br />Division Director <br />CERTIFIED MAIL NO. Z 192 124 259 (Return Receipt Requested) <br />cc: Bruce Humphries, Carl Mount; Erica Crosby; DMG <br />Cheryl Linden; AGO <br />John W. McKendree- Law Office of John W. tvlcKendree CERTIFIED MAIL NO. Z 192 124 260 <br />