ENFORCE26735 - Laserfiche WebLink

Home Browse Search

STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman S[., Room 215 Denver, Colorado 80203 Phone: (303) 8663567 FAX: (303) 832-8106 November 26, 2003 Mr. Steve McEvoy Sanborn Sand And Gravel, Inc. 2001 Platte Drive Fairplay, CO. 80440 RE: Reason To Believe a Violation Exists, Permit No. M-1984-094 Dear Mr. McEvoy: COLORADO DIVISION O F MINESRALS GEOLOGY RECLAM ATION•NI NING SAf ETY•SUENCE Bill Owens Governor Greg E. Walther Executive Director Ronald W. Cattany Division Director Natural Resource Trustee On November 20, 2003, the Division of Minerals and Geology conducted an inspection of your mine and found that the operator created a 7.65 acre mining disturbance outside the approved permit boundary. The Division believes this is in violation o£ C.R.S. 34-32.5-109 for operating without a permit or C.R.S. 34- 32.5-116(4)(1) for failure to protect areas outside of the affected land from damage occurring during the mining operation. Therefore, the Division has found reason to believe a violation exists to Permit M-1984-094 and the Law and has scheduled this matter before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the January 21-22, 2004 Board meeting for consideration of possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado beginning at 10:00 a.m. on the 21st, and 9:00 a.m. on the 22nd, 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 a 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 $1,000 to $5,000 for each day of violation, if the Board fmds a violation of C.R.S. 34-32.5-109 or $100 to $1,000 for each day of violation, if the Board finds a violation of C.R.S. 34-32.5-116(4)(1), or order the permit be suspended, modified or revoked. In addition it may set the matter for consideration of forfeiture of the $21,614 financial warranty at a subsequent hearing. If you have evidence indicating that the possible violation noted above does not exist or has been corrected, please provide it to us as soon as possible or bring it to the hearing. Following the hearing, all parties have an opportunity to review and comment on a draft of the Boazd's order before it is issued. If you wish to do so, you must provide the Board a written request to review the draft order at your hearing. You must include your mailing address and, if possible, a fax number or email address. You will be provided a copy of the draft order for your review as soon as it is available. The Boazd must receive any comment within five days following your receipt of the draft order, unless that deadline is extended. Submit all comments in writing to Tyson Powell, Assistant Attorney General, 1525 Sherman Street, 5t° Floor, Denver, CO Office of ~ Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey