ENFORCE20287

• Permit No: M1991081
• IBM Index Class Name: Enforcement
• Doc Date: 7/28/1997
• Doc Name: REASON TO BELIEVE A VIOLATION EXISTS FOR FAILURE TO MAINTAIN THE FINANCIAL WARRANTY FOR KEELING PIT
• From: DMG
• To: CHARLES KEELING
• Media Type: D
• Archive: No

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STATE OF III IIIIIIIIIIIIIIII
COLORADO
DIVISION OF MINERALS AND GEOLOGY
Deparlmenl of Nalu ral Resources
1 l l } Shcrmnn 51.. Room 215 J

Denver, Gilurudn 80'20} I~

Phone: [phone]f -)567 I
FAX. [phone] t?-N I U6
DEPARTMENT OF
July 28, 194? NATURAL
RESOURCES
Charles Keeling

P O BO% 361 Rny Romer
Governor
La Veta, CO 8105 lames 5. Lochhead
Executive Director
Michael B. Lonp

Re: Reason to Believe a Violation E%ists for Failure to Maintain the Fina Division Director
ncial Warranty for Keeling
Pit, ]?ermit No. M-91.081
Dear Mr. Keeling:
The Mined land Reclamation Act and Permit M-91-081 require you to maintain a financial warranty in good
standing for the entire life of the permit. On March 28, 1997, the Fnancial warranty for this permit was canceled
effective Au€;ust 31, 1997. A replacement financial warranty needed to be filed with us by August 20, 1997 as
noted in recent correspondence to you. We have not received a replacement financial warranty. Therefore, we
have found ttlat there is reason to believe you are in violation of Permit M-91-081 and the Law, specifically:
Failure to maintain a financial warranty in good standing for the life of the permit as required by
C. R.;i. 34-32.5- 117(6).
A Formal Public Hearing will be held during the August 27-28, 1997 Mined Land Reclamation Board meeting
for consideration of the violation. The hearing will be held at Hotel Colorado, 526 Pine Street, Glenwood Springs,
Colorado 81ti01, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. Also, you have the
right to be represented and heard at the hearing.
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 $100.00 to $1,000.00 for each day of violation or order the permit be suspended, modified, or revoked.
In addition, it may consider forfeiture of the $10,000.00 financial warranty.
IF YOU WATdT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT A REPLACEMENT FINANCIAL
WARRANTY AS DESCRIBED IN C.R.S. 34-32.5-117, BY AUGUST 20, 1997.
If you have any questions, please contact Lavem Lemay, Minerals Program Assistant, regarding this matter.
Sincerely,

~ MICHAEL B. LONG
~''~" Director
MBL/LPL

CERTIFIED IvIAIL NO. P 213 351 91 I
Return Receipt Requested