ENFORCE26454

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
13)3 Sherman St., Room 275
Denver, Colorado 80203
Phone: [phone]
FAX; [phone]
December 17, 2002
Arthur Vyn Boennighausen
C/O RE/MAX
P.O. Box 1347
W tcliff Col do 81252
DIVISION O F
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Bill Owens
Governor
Greg E. Walther
Ezecu[ive Director
es e, orn
Ronald W. Cattany
Acting Division Director
RE: Reason to Believe a Violation Exists For Failure to Obtain a Reclamation Permit Prior to Engaging in a
New Operation, DMG File # M-2002-097; Sierra Mojada Subdivision
Dear Mr. Bonnighausen:
On September 11, 2002 and December 12, 2002 the Division of Minerals and Geology conducted an inspection of a
mining site in the Sierra Mojada South subdivision and found the following:
1. A gravel mining excavation and adjacent processed gmvel stockpile.
2. Evidence that material had recently been removed from the stockpile and apparently hauled off-site.
3. Very little evidence of appropriate reclamation activities for the excavated site.
We believe that this is a violation of C.RS. 34-32.5-109(1) for failure to obtain a reclamation permit prior to engaging
in a new mining operation.
Therefore, we have reason to believe that a violation exists to DMG File Number M-2002-097 and to the Law, and have
scheduled this tnatter to appear before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the January 22-23, 2003 Boazd 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 January 22nd 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 [hat you are in violation of the provisions
noted above.
If the Board fmds a violation a[ this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the
amount of $ 100.00 to $1,000.00 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.
If you have any questions, please contact Tony Waldron at [phone].
Si e
t ~ ~ ~~~~
Ronald W. Cattany
Division Director
Enclosure(s)
Cc: Tony Waldron-DMG
CERTIFIED MAIL NO. 7001 2510 0004 4144 0056
Return Receipt Requested