ENFORCE23560

• Permit No: M1977526
• IBM Index Class Name: Enforcement
• Doc Name: Reason to Believe a Violation Exists
• From: DMG bmk
• To: Albert Frei & Sons
• Media Type: D
• Archive: No

b ~~~ ,E. ; /~ ~~/~
STATE QF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Fhone: (303) 8663567
FAX: (303) 832$106
Mr. Albert Frei
~Q Albert Frei & Sons
11521 Brighton Rd.
Henderson, Colorado 80640
Re: / Reason To Believe a Violation Exists, Permit No. M-1977-526 Worthington Pit
Dear Mr. Frei
COLORADO
DIVISION O F
MIN SRALS
GEOLOGY
SAFETY •FOEN CE
Bill Owens
Governor
RusseN George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On March 8, 2006, you informed the Division that you have placed a Slurry Wall around the permit area prior to
Division review and approval.
The Division believes this is in violation of CRS 34-32.5-116 for conducting unapproved revision to the approved
reclamation plan.
Therefore, the Division has found reason to believe a violation exists to Permit M-1477-526 and the Law and has
scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the April 12-13 Board 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. or as soon
thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and heard.
It will be reiterated that there is reason to believe that you are in violation of the provisions noted above
If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the
amount of $ 1,000 to $5,000 for each day of violation, and/or order the permit be suspended, modified or revoked_ If
you have evidence indicating that the possible violation noted above does not exist or have been corrected, please
provide it to the Division as soon as possible or bring it to the hearing.
Following the hearing, the parties have an opportunity to review and comment on a draft of the Board's order if
requested. If you wish to do so, you must provide the Board with a written request to review the draft order at or
before your hearing, or you may request to review the draft order at the hearing. An oral request to review the draft
order must be made on the record during the hearing. You must include your mailing address and, if possible, a fax
number. You will be provided a copy of the draft order for your review as soon as it is available. Please note that the
Division has requested the opportunity to review the draft order in this matter. The Board must receive any written
comment within seven days following the mailing of the draft order, unless that deadline is extended for good cause.
Submit all comments in writing to Tyson Powell, Assistant Attorney General, 1525 Sherman Street, 5th Floor,
Denver, CO 80203, telephone no. [phone], fax no. [phone], The Boazd will resolve any issues
regarding the form of the order. This process does not affect you right to request reconsideration by the Board or
appeal the substance of the order.
Please contact the Board's secretary, Ms. Glettda Williams, at the DMG Denver Office, phone [phone], to
confirm the specific date for the hearing. The Board's agenda may not be finalized prior to the week of the Board
meeting. Therefore, we recommend that you contact Ms. Williams on April 10, 2006, at [phone]. If you find
that you are having difficulty contacting Ms. Williams on that date, you may contact the DMG receptionist at (303)
866-3567.
Office of Offioa of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey