ENFORCE23084

• Permit No: M1985003
• IBM Index Class Name: Enforcement
• Doc Date: 1/11/2007
• Doc Name: RTB ltr
• From: DRMS
• To: Running Creek Ranch
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
January 11, 2007
Mr. Joseph D. Freund
Rutn3ing Creek Ranch
15460 E. Batavia Dr.
Aurora, CO 80011
RE: Reason To Believe Letter, Freund Pit, Permit No. M-1985-003
Dear Mr. Freund:
COLORADO
DIVISION O F
RECLAMATION
MINING
- 6c-
SAFETY
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
t?n Mazch 23, 2006 the Division of Reclamation, Mining and Safety conducted an inspection of your operation and
found:
Recycled blacktop is currently being stored on the mine site and is not a permitted feature within the
operation plan.
We believe this is in violation of: C.R.S. Colorado Land Reclamation Activities for the Extraction of Constmction
Materials section 116(4)(c), 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 Permit M-1985-003 and the Law and have
scheduled this matter before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the February 14-15, 2007 Boazd meeting for consideration of
possible violaton. The hearing will be held in Room 318 of 1313 ShetTnan 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 fmds 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. Ilr
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 remediation of a listed problem shall
be corrected by. Please provide us with notice and photographs of the completed work as soon as possible.
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 draft of the 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 time of your hearing, or you must inform the Board orally during the hearing that
you request to review the draft order. You must include your mailing address and, if possible, a faz or email
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