ENFORCE25567

• Permit No: M1995057
• IBM Index Class Name: Enforcement
• Doc Date: 12/2/2004
• Doc Name: Notice of Reason to Believe
• From: DMG
• To: Rudy Rudibaugh
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Na[ural Resources
1313 Sherman St., Room 27 5
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
December 2, 2004 v
Rudy Rudibaugh '~
711 Ranch
Pazlin, Colorado 81239

COLORADO
DIVISION OF
MINEBRALS
GEOLOGY
RECLANATION•MINING
SAf ETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cottony
Notice of Reason to Believe Division Director
Natural Resource Trustee
:~
Re: Rudibaugh Pit, Permit No. M-1995-057, Failure to Respond To Division Request For
Corrective Action and Notice of Reason to Believe a Violation Exist.
Dear Rudy Rudibaugh:
On October 8~', 2004 the Division ofMinerals and Geology conducted an inspection ofyour mine and found:
Disturbance outside of the approved permit boundaries along the western edge of the pemut. Staff actually
discovered the disturbance during an inspection on July 28`1i, 2004 and opted to allow the pern3itee to submit
an amendment to the permit to correct the issue due to the very small azea in question. The pelmitee failed to
submit the amendment as agreed within 60 days of the July inspection. Staff gave the permitee additional
time plus a notice on November 1 Z~', 2004 that Enforcement Action was imminent ifthe amendment was not
received by November 26`s, 2004. To date, the permitee has failed to submit the amendment to correct the
issue.
The Division believes this is in violation of: CRS 34-32.5-116(i), Areas outside the affected land shall be
protected from slides and damage occurring during the mining operation and reclamation.
Therefore, the Division has found reason to believe a violation exists to Permit M-1995-057 and the Law and
has scheduled this matter before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the January 19~' and 20th, 2005 Board meeting for consideration
of possible violation(s). The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on the 19th, and 9:00 a.m. on the 20`" or as soon thereafter as the matter can be
considered and you will have the opportunity to be represented and heazd. 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 $1000.00 to $5000.00 for each day of violation or order the permit be suspended, modified or
revoked. In addition it may set the matter for consideration of forfeiture of the $1905.00 financial warranty at
a subsequent hearing. If you have evidence indicating that the possible violation(s) noted above do not exist
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey