ENFORCE24919

• Permit No: M1977153
• IBM Index Class Name: Enforcement
• Doc Date: 1/5/2004
• Doc Name: Reason to Believe A Violation Exists
• From: DMG
• To: Denver Water
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St, Room 215 C O L D RA D O
Denver, Colorado 80203 ~ D I V I S I O N O F
Phone: [phone] MIN &RA L S
FAX: [phone] G E O L O G Y
RECLAMATION•MINING
SAiETY•SCIENCE
January 5, 2004
Bill Owens
Govemar
D2nVer Water Greg E. Walther
Attn: Michael Walker Exe°°"ve Director
1600 West 12d' Avenue Rn"aid w' Gattany
Divisi°n Director
Denver, CO 80204-3412 Natural Resource Trustee
RE: Reason to Believe a Violation Exists for Mining Without a Permit
Deaz Mr. Walker:
On December 18, 2003 the Division of Minerals and Geology conducted an inspection of an azea
adjacent to the Reclamation Pit # 1 (m-1977-153) and found the following:
The operator had conducted mining and reclamation operations outside of any approved permit area
and on or near the SE '/< of the NW t/4 and the NE '/< of the SW %< of Section 3, Township 2 North,
Range 67 West of the 6d' P.M. in Adams County, Colorado.
We believe that this is a violation of C.R.S. 34-32.5-109(1) for failure to obtain from the board
or office a reclamation permit prior to engaging in a new mining operation. Specifically, a
lazge excavation had occurred on land adjacent to the permitted area and a slurry mixing pond had
also been constructed within this excavation to assist in construction of the slurry wall being
installed on the three adjacent sites in violation of the Act.
Therefore, we have reason to believe that a violation exists to the Law, and have scheduled this
matter to appeaz before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the February 25a' and 26th, 2004 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. on February 25th, and 9:00 a.m. on February
26`s, or as soon thereafter on each of those days or as soon thereafter as the matter can be
considered. At that hearing you will have the opportunity to be represented and heazd. It will be
reiterated that there is reason to believe that you aze in violation of the provisions noted above.
Pursuant to C.R.S. 34-32.5-123, if the Boazd fmds a violation at this hearing, it may issue a Cease
and Desist Order and/or assess a Civil Penalty in the amount of $ 1000.00 to $5,000.00 for each day
of violation. 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.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey