Laserfiche WebLink
telephone interviews, the Division has concluded that there is not enough direct <br />evidence that there was a violation of the Regulations concerning blasting flyrock. <br />Therefore, the Division will not issue a notice of violation conceming flyrock. <br />However, the Division will continue discussions with the operator concerning <br />blasting procedures at the Bowie No. 2 Mine. Additional information is being <br />gathered conceming blasting records, blaster certification and public notification <br />procedures for blasting. If irregularities are discovered in this information, the <br />Division will consider enforcement actions, if appropriate. The Division also will <br />continue to monitor blasting procedures at the mine site during our normal <br />inspections and, of course, be interested in hearing from the public of any concerns <br />that may arise in the future; <br />5. The issue of the excessive dust coming off of the Bowie No. 2 mine site was <br />examined during the Division's citizen's complaint inspection and also was fumed <br />over to the appropriate governing authority, the Colorado Department of Public <br />Health and Environment (CDPHE). The question of whether or not a violation has <br />or is occurring will be handled by the CDPHE. They already have been notified of <br />the citizen complaint, a copy of which has already been forwarded to the citizen <br />filing the complaint and to Bowie No. 2 Mine. Also, a copy of this Division's <br />inspection report will be forwarded to the CDPHE. As with the blasting flyrock <br />issue, this Division will continue to monitor the dust situation in the Bowie No. 2 <br />Mine site locale and will inform the CDPHE if any problems occur; <br />6. The citizen who filed the complaint has certain rights of review concerning the <br />Division's decision not to take enforcement action. Regulation 5.02.5(5) reads: <br />"Any person who has requested an inspection may request in writing <br />that the Administrator informally review the Division's decision either <br />not to inspect or not to take enforcement action on the basis of an <br />inspection with respect to any violation alleged by that person. The <br />Administrator shall conduct the informal review and report the results <br />in writing to both the person requesting the review and the alleged <br />violator within 30 days of the Administrator's receipt of the request <br />for review. Informal review under S.OZ.S(5) shall not affect any right <br />to formal review under 34-33-124 of the Act or to a citizen's suit <br />under 34-33-135 of the Act. " <br />The Administrator is Michael Long, the Director of the Division of Minerals and <br />Geology. <br />