2005-11-16_ENFORCEMENT - M2002106

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~~ Y ~~i :arts e, NCO. DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 886.3587 FAX: (303) 832-8108 a/ s„ November 16, 2005 Mr. Larry Mondragon 9451 U.S. Hwy. 285 S Alamosa, CO 81101 STATE OF COLORADO COLORADO DIVISION O F MINERALS GEOLOGY RFCLANATION•NININO rAf ETYKUFNCE alll QW211s Governor Russell George Executive Director Ronald W. Catrany Division Director Natural Resource Trvstee Re: Rio Grande Bentonite, Permit No. M-2002-106, Anuual Fee and Report, Notice of Violation No. MV-2005-,054, Civil Penalties, and Cease and Desist Order Dear Mr. Mondragon: C.R.S. 34-32.5-116(3)(a) and (b), 1989 Supp., and Permit No. M-2002-106 require you to submit to the Division of Minerals and Geology $281.00 in annual fees and an annual report on nr hefnre September 22, 2005 of each year. As of the date of this letter the Division has not received your annual fee and report for September 22, 2005. Therefore, you aze in violation of the above cited statute and the provisions of your Permit No. M-2002-106. Pursuant to C.R.S. 34-32.5-124 the Mined Land Reclamation Boazd hereby assesses Notice of Violation No. MV-2005-054, Civil Penalties in the amount of $281.00, and Notice and Order to Cease and Desist from ALL mining related activities associated with Permit No. M-2002-106. NnTR: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.RS. 34- 32.5-120) UNTIL THE VIOLATION IS ABATED. .~I~you fail to submit your annual fee, annual report, and the Civil Penalties assessed to the Division by January 4, 2006, this matter will be heard at a Formal Public Hearing before the Mined Land Reclamation Board for consideration of permit revocation at the January 11, 2006 (or the following day) Boazd meeting. If you submit all past due annual fees, reports, and the Civil Penalties by January 4, 2006, this matter will be withdrawn from Board consideration. IN ORDER TO AVOID PERMIT REVOCATION, PLEASE SUBMIT $281.00 FOR ANNUAL FEES DUE AND $281.00 FOR CIVIL PENALTIES ASSESSED (FOR A TOTAL OF $562.00, AND YOUR ANNUAL REPORT BY January 4, 2006. The Board Meeting will be held on January 11, 2006 (or the following day), in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m. or as soon thereafter as the matter can be considered, and you will have the opportunity to be represented and heard. M~ ~ U4-AF-10 M2002106 RCO 20051116_71253 AM.doc Office of Mined Lanec anon - - - ARive and Inactive Mines Colorado Geological Survey