ENFORCE20015

• Permit No: M2001097
• IBM Index Class Name: Enforcement
• Doc Date: 10/10/2001
• Doc Name: NOTICE OF POSSIBLE VIOLATION FN M-2001-097 CORRECTION
• From: DMG
• To: FORT LYON CANAL CO
• Media Type: D
• Archive: No

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STATE OF COLOlZADO
DIVISION OF MINERALS AND GEOLOGY
Department of NaWral Resources
13t 3 Sherman SI., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX. [phone]
October 10, 2001
Mr. Manny Torrez, Supervisor
Fort Lyon Canal Company
750 Bent Ave.
DIVISION OF
MINERALS
GEOLOGY
RECTA MATION
MI NING•SAFETY
Bill Owens
Governor
Greg E. Walther
Executive Director
Las Animas, CO 81054 Mirhael B. Long
Division Dneclor
Re: Notice of Possible Violation, File No. M-2001-097-CORRECTION
Dear Mr. Totrez:
From information you provided to the Division on September 13, 2001, the Division believes that you have been
conducting a minine operation without first obtainine a reclamation Hermit.
We believe this is in violation of: CRS 34-32.5-109(1).
Therefore, we have reason to believe that a violation of the law exists, and have scheduled this matter before the Mined
Land Reclamation Boazd.
At your request, we have placed this matter on the Soazd's next meeting agenda. A Formal Public Hearing will be held
during the October 17, 2001, Board meeting for consideration of possible violation. The hearing will be held at the
Canon Inn, 3075 E. Hwy. 50, Canon City, Colorado, beginning at 1:30 p.m. or as soon [hereafter as the matter can be
considered. At that hearing, you will have the opportunity to be represented and heard. It will be reiterated that there
is reason [o believe that you aze in violation of the provisions noted above.
If the Board finds a violation at this hearing, it may issue a Cease and Desist order, assess a Civil Penalty in the amount
of $1,000.00 to $5,000.00 for each day of violation, and order corrective actions. If you have evidence indicating that
the possible violations noted above do not exist or have been corrected, please provide it to us as soon as possible or
bring it to the hearing.
This letter correcls the subject of our letter to you dated September 26, 2001. The subject should read Notice of
Possible Violation. The Division can not determine that a violation exists. The Colorado Mined Zand Reclamation
Board makes the decision as to whether a violation exists.
If you have any questions, please contact Larry D. Oehler at [phone].
\Sincerel r
Michael B. Lot
Division Director
CERTIFIED MAIL NO. 7000 16700000 0688 6256
Return Receipt Requested
cc: John S. Lefferdink, Attorney
Mark Davis, Colorado Board of Land Commissioners
M:\oss\AFiDUdo\nonce of violation m-2001-097 tomez.doc