ENFORCE29001

• Permit No: M1978056
• IBM Index Class Name: Enforcement
• Doc Date: 5/27/2004
• Doc Name: RTB Ltr
• From: DMG
• To: Varra Companies Inc.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
May 27, 2004
Christopher L. Varra
Varra Companies, Inc.
8120 Gage Street
Frederick, CO 80516
RE: Reasoa To Believe a Violation Exists, Permit No. M-78-056, Durham Pit, Class: Enforcement
DeazMr. Varra:
COLORADO
DIVISION O F
MINERALS
GEOLOGY
REC LA NATION•NIN ING
SAFETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cottony
Division DlreCtOr
NMUraI Resourrn Trustee
On May 11, 2004 the Division of Minerals and Geology conducted an inspection of your mine and found: The torten[ configuration of
the existing flood control dike is not in compliance with the approved construction specifications. In particular, the flood control dike
averages 15.7 feet above the bed of the Cache La Poudre River while the approved plan specifies that the dike be raised to a point
approximately 9 feet above the bed of the Cache La Poudre River. This configuration creates a potential for adverse offsite damage to
surrounding property owners during future storm events. No temporary control measures, as requested in the Division's January 23,
2004 inspection report, had been implemented [o minimize the potential for possible adverse flood related impacts during the 2004 ranotf
season.
The Division believes this is in violation of Section 34-32.5116(1) and 34-32.5-116(4)(1) of the Colorado Land Reclamation Act for the
Extraction of Constrction Materials, Rule 3.1.5(3) of the Mineral Rules And Regularions for the Extraction of Construction Materials,
and the Permit for failure to follow the reclamation prescribed by the reclamation plan. Specifically, for failure [o limit the height of the
constructed flood control dike to no more than 9 feet above the bed of the Cache La Poudre River.
Therefore, the Division has found reason to believe a violation exists to Pemrit M-1978-056 and the Law and has scheduled this matter
before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the July 28-29, 2004 Board meeting for
consideration of possible violation. The hearing will beheld in Room 318 of 1313 Sherman Street, Denver, Colorado beginning at ] 0:00
a.m on the 28'", and 9:00 a.m on the 29fth, or as soon thereafter as the matter can be considered, and you will have the opportunity to be
represented and heard. 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 $100 to $1000
for each day of violation, or order the permit be suspended, modified or revoked. If you have evidence indicating that the possible
violation noted above does not exist or has been cortected, 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 Board's order before i[ 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, 5`" Floor, Denver, CO
80203, FAX # [phone]. The Boazd will resolve any issues regarding the forth of the order. This process does not affect you right
to request reconsideration by the Boazd or appeal the substance of the order.
If you have any quesfions please contact Tom Schreiner.
S cerel
RONALD W. CATTANY
Division Director
CERTIFIED MAIL NO. 7002 2410 0005 9145 7812
Returned Receipt Requested
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey