ENFORCE21648

• Permit No: M1985003
• IBM Index Class Name: Enforcement
• Doc Date: 2/21/2007
• Doc Name: RTB ltr withdrawal
• From: DRMS ajw
• To: Running Creek Ranch
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
lk7sartment of Naturoi Resources
1313 Sherman St., Room 215
Denier, Colorado 80203
Phone: [phone]
FAX: [phone]
January 11, 2007
Mr. Joseph D. Freund
Runttittg Creek Ranch
15460 E. Batavia Dr.
Aumta, CO 80011
RE: Reason To Believe Letter, Freund Pit, Pernik No. M-1985003
Dear Mr. Freund:
COLORADO
DIVISION O i
RECLAMATION
MINING
- &-
SAFETY
Bill ovens
Governor
Russell George
EzecNive Director
Ronald W. calnny
Divisbn Director
Natural Resource Trustee
On March 23, 20061he Division of Reclamation, Mining and Safety conducted an inspection of your operation and
found:
Recycled blacktop is currently being stored oo the mine site and is not a permitted feature within the
operatton plan.
We believe this is in violation o£ C.R.S. Colorado Land Reclamation Activities for the Extraction of Construction
Materials section 116(4uc), and Mineral Rules and Regulations for the Extraction of Construction Materials
section 3.1.5(9).
Therefore, we have found reason to believe a violation exists to Perttrit M-1985-003 and the Law and have
scheduled this matter before the Mined Land Reclamation Board.
A Fornlal Public Hearing will be held darting the February 1415, 2007 Board meeting for consideration of
possible violation. The hearing will be held in Room 318 of 1313 Shemlan Street, Denver, Colorado, beginning at
9:00 a.m. or as soon thereafter as the matter can be considered and you will have the opportunity to be represented
and heard.
If the Board fords a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the
amount $100 to $1,000 for each day of violation and may order the permit be suspended, modified or revoked. ht
addition it may set the matter for consideration of forfeiture of the $5,000.00 financial warranty at a subsequent
hearing. 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.
The attached inspection report(s) list specific dates when corrective actions or rernediation of a listed problem shall
be corrected by. Please provide us with notice and photographs of the completed work as soon as possrble.
Prompt correction of the listed problems may significantly reduce any potential civil penalties the Board may levy.
Following the hearing, all parties have an opportunity to review and comment on a d~afT ojthe Board's order
before it becomes final. If you wish to do so, you must provide the Board with a written request to review the
draft order prior to or at the lime of your hearing, or you must injorm the Board orally during the hearing that
you request to review the draft order. You must include your mailing address and, ijpossible, a fax or emoil
Mined ~ r~ ~Y1~f~~~Y ~1O0se~`nIPV'aUinmd Pit 7.dae ACtivC and Irla[[ive Mines