ENFORCE26270

• Permit No: M2005067
• IBM Index Class Name: Enforcement
• Doc Date: 6/6/2006
• Doc Name: Failure to Comply with a Board Order
• From: DMG ajw
• To: Ray and Stephanie Sikes
• Violation No.: MV2006001
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
June 6 2006
Ray and Stephanie Sikes
1425 County Road Q
Pritchett, CO 81064
RE:
f
Failure to Comply With a Board Order Notice; DMC File # M-2005-067
Dear Mr. & Mrs. Sikes:
OLORADO
( V I S I O N O F
1INERALS
EOLOGY
CLANATION•NINING
SAEETY•ECIENCE
Bill Owens
Govemw
Russell Geosge
Ezecutive Director
Ronald W. Cottony
Division Director
Neural Resource Trustee
C-' Yv ~ u1 fa.r rV~
On January 11, 2006 a Formal Public Hearing was conducted before the Mined Land Reclamation Board for
consideration of possible violation, cease and desist order, corrective actions and civil penalties for mining without a
permit for the Cartizo Stone North Quarry, File # M-2005-067. The order that resulted from that meeting required Ray
and Stephanie Sikes to applyfor and receive approval Fora 110 permit for [he site in question by March 31, 2006 and
pay a fine of $566.40 with $41,000.00 suspended if the operator completed the prescribed corrective actions by March
31, 2006. Since the cortective actions were not fully completed by the prescribed deadline, you will be required to re-
appeaz before the Board to determine if the suspension of the remaining penalty is still valid.
A Formal Public Hearing will be held during the June 14~' and I5'", 2006 Board Meeting for consideration of a possible
violation. The heazing will be held in Room 318 of 1313 Sherman Sheet, Denver, Colorado, beginning at 10:00 a.m.
on June 14th or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be
represented and heard.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before it
becomes~rnal. lfyou wish to do so, you must provide the Board with a written request to review the draft order prior
to or at the time ofyour hearing, or you must inform the Board orally during the hearing that you request to review the
draft order. You mfrs[ 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. The Board must receive your comments on the draft order within
ten (l0) calendar days of the date the draft order is mailed, unless that deadline is extended. Please note that the
Division o1 Minerals and Ceoloev has requested and will be allowed to review and comment on the draft Board Order
prior to mailine to any party. Submit all comments in writing to Mr. Tyson Powell, Assistant Attorney General, 151
Sherman Street, 5'" Floor, Denver, Colorado 80203, or FAX #[phone]. The Board will reso/ve any issues
regarding the form and .substance of the order. This process does not affect your right to request reconsideration by
the Board or appeal the form or substance of the order.
Please contact Glenda Williams of the Division at [phone] on the Friday or Monday prior to the Board Hearing
to confirm exactly what day your item will appear before the Board. If you have any questions about [his letter or the
hearing, please contact Tony Waldron at [phone].
Since e
Anthony J. Waldron
Environmental Protection Specialist
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey