ENFORCE20881

~~
DIVISION OF MINERALS AND GEOLOGY ,/
Department of Natural Resources
1313 Sherman S[., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone] /
December 17, 2002
Mr. Eric Flanagan
C/O EMF financial
30 Maple, 2vd Floor
Summit, NJ 07901 /
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MININ G•SAFETY
Bill Owens
Governor
Greg E. Walther
Executive Director
RE: Reason to Believe a Violation Exists For. Failure to Obtain a Reclamation Permit Prior to En a m RQnaid w. wnany
g $ $~di~aDivision Director
New Operation, DMG Fite # M-2002-097; Sierra Mojada Subdivision
o/
Deaz Mr. Flanagan:
On September 11, 2002 and December 12, 2002 the Division of Minerals and Geology conducted an inspection of a
mining site in the Sieaa Mojada South subdivision and found the following:
1. A gravel mining excavation and adjacent processed gravel stockpile.
2. Evidence that material had recently been removed from the stockpile and apparently hauled off-site.
3. Very little evidence of appropriate reclamation activities for the excavated site.
We believe that this is a violation of C.R.S. 34-32.5-109(1) for failure to obtain a reclamation permit prior to engaging
in a new mining operation.
Therefore, we have reason to believe that a violation exists to DMG File Number M-2002-097 and to the Law, and have
scheduled this matter to appeaz before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the January 22-23, 2003 Boazd Meeting for consideration of a possible
violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m.
on January 22nd or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to
be represented and heazd. It will be reiterated [hat there is reason to believe that you are in violation of the provisions
noted above.
If [he Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the
amount of $ 100.00 to $1,000.00 for each day of violation. 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.
If you have any questions, please contact Tony Waldron at [phone].
S' re y,
Ronald W. Cattany
Division Director
Enclosure(s)
Cc: Tony Waldron-DMG
STATE OF COLORADO
CERTIFIED MAIL NO. 7001 2510 0004 4144 0049
Retum Receipt Requested