ENFORCE25853 - Laserfiche WebLink

Home Browse Search

iiiiiiiiiiiiiiuiii sss COLORADO ~ STATE Ot DIVISION OF MINERALS AND GEOLOGY Dcp,ufinem of Natural Resources 131 S Sherman Si., Room 215 Denver, Colorado 80?O3 Phunc: 1 40}1 866-1567 FAX: fill;I f137~HIU6 December 8, 1997 Mr. John Timbreza Delta County 510 Palmer Street, Suite 227 Delta, Colorado 81416 RE: Black Cat Pit (Triantos). Permit No. M-78-304, Reason To Believe A Violation Exists Dear Mr. Timbreza: I~~ DEPARTMENT OF NATURAL RESOURCES ftoy Romer Governor lames S. Loc hhead E.ecunve Dneaor M¢hael B Lnng Division D~recbr On December I. 1997, the Division received a letter from Delta County Attorney Brad Kolman, indicating that mining operations at the Black Cat Pit ('IYiantos Pit) had disturbed acreage outside the approved permit boundary. We believe this is in violation of Section 34-32.5-116(4)(1) or Section 34-32.5-109 of the Colorado Land Reclamation Act for the Extraction of Construction Materials 34-32.5-101 et. seq. (C.RS. 1984 and 1994 SUPP.) acid Permit Ho. M-78-304 Exhibit C (mine plan map). Therefore, we have found reason to believe a violation exists to Permit M-78-304 and the Law and have scheduled this matter before the Mined Land Reclamation Board. A Formal Public Hearing will be held at the January 28-29, 1998 Boazd meeting for consideration of possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. You will have the opportunity to be represented and heard. !t will be reiterated that there is reason to believe that you are in violation of the provisions noted above. !f the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty to the amount of S 100.00 to S 1000.00 for each day of violation or order the permit be suspended, modified or revoked. Operators who mine substantial acreage beyond their approved permit boundary may be found to be operating without a permit, which is subject to a civil penalty rn the amount of S 1,000.00 to 55,000.00 per day for each day the land has been affected, not to exceed 365 days. 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. If you have any questions, please contact Steve S. Shuey at our Durango Field Office, 484 Turner Drive, Building F, Suite 101, Durango, Colorado, 81301, phone number (303) 247-5062. Sincerely. MICHAEI. B. LONG`.--- Dlvision Director "- MBL/SSS/gaw CERTIFIED MAIL NO.: P 526 4l9 698 Return Receipt Requested cc: Sieve Shuey - DMG Durango Field Ottice M: \oae\gaw\M ]B-]Oa.sm