ENFORCE20368

• Permit No: M1995057
• IBM Index Class Name: Enforcement
• Doc Date: 10/21/2002
• Doc Name: Reason to Believe A Violation Exists
• From: DMG
• To: Rudy Rudibaugh
• Media Type: D
• Archive: No

~i
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of NaNral Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX; [phone]
October 21, 2002
Mr. Rudy Rudibaugh
711 Ranch
Parlin, Colorado 81239
RE: Rudibaugh Pit, Permit No. M-1995-057, Reason To Believe A Violation Exists
Dear Mr. Rudibaugh:
DIVISION OF
MINERALS
GEOLOGY
REG LAMATION
MINING•SAFET7
Bill Owens
Governor
Greg E. Walther
Executive Director
Michael B. Long
Division Director
On June 4, 2002, we mailed notice to you indicating that a financial warranty increase of $405.00 is required to be
submitted to the Division of Minerals and Geology (DMG) no later than August 5, 2002. To date this financial
warranty increase has not been received by DMG. Therefore, the Rudibaugh Pit is currently underbonded.
We believe this is in violation of Section 34-32.5-117(4) of the Mined Land Reclamation Act 34-32.5-101 et. sec ..,
C.R.S. 1984 as Amended and have reason to believe a violation exists to Permit No. M-1995-057 and the Law.
We have scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held at the November 20, 2002 Board meeting for consideration of a possible
violation. The hearing will be held in the National Mining Hall of Fame and Museum Conference Center, 120
West 9`" Street, Leadville, Colorado, beginning at 10:00 a.m. or as soon thereafter 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
to believe that you are in violation of the provisions noted above.
If the Board fmds 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, and/or order the permit be suspended, modified, or
revoked. 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 heazing.
The number of days of violation can be minimized by submitting the required financial warranty as soon as
possible, or by adequately completing enough reclamation at the site that the current financial warranty is adequate
to cover the remaining reclamation liability.
If you have any questions, please contact Bob Oswald at our Durango Field Office, 701 Camino del Rio, Room
125, Durango, Colorado 81301, phone no. [phone].
Sincerely)
~~ ~
Ronald W, Cattany
Division Director
cc: Bob Oswald, Durango DMG