ENFORCE29122

• Permit No: M1984043
• IBM Index Class Name: Enforcement
• Doc Date: 6/1/2006
• Doc Name: Notice of PV Mining Outside of Permit Area
• From: DMG
• To: Mr. Clarence Champion
• Media Type: D
• Archive: No

OIYISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman $t., Room 215
Denier, Colorado 80203
Phone: [phone]
FAX: [phone]
June 1, 2006
Mr. Clarence Champion
26000 Hwy 285
Buena Vista, CO 81211
STATE OF COLORADO
RE: Jesse Lee; Permit No. M-1984-043
Notice of Possible V iolation; Mining Outside of Permit Area
Deaz Mr. Champion,
~LORADO
VISION O P
INF~,R
EOLOGY
fASETY•SCIENCE
ein owCN
Governor
Russell George
Executive Direaar
RoruM W. Cattalry
DWision Director
Natural Resource Tnlstee
On May 14, 2006 the Division of Minerals and Geology conducted a citizen complaint inspection of the
Jesse Lee Pit, Permit No. M-1984-043 and found the following:
A 110(2) Permit was issued on July 25,1984 for a total of 9.8 acres. The affected azea was surveyed with
a Trimble GeoXT Global Positioning System (GPS) to determine the azea outside the permit boundary.
Based on the data collected, approximately 3.34 acres has been mined outside of the permit azea.
Based on the data collected, the Division believes the operator is in possible violation of the Colorado
Land Reclamation Act for the Extraction of Construction Materials Rules and Regulations, specifically:
C.R.S. 34-32.5-116(4)(1) for failure to protect azeas outside of the affected land from slides or
damage during the mining and reclamation operations, OR
C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit prior to engaging in a new
mining operation.
The Division will schedule this matter before the Mined Land Reclamation Board.
A Formal Public Rearing will be held during the July 12-13, 2006 Board meeting for consideration of the
possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on July 12`h or beginning at 9:00 a.m. on July 13`h, or as soon thereafter on each
of those days 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 that you aze in
violation of the provisions noted above.
Ifthe Boazd 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 affecting the azea outside the permit azea) OR $1000 to $5000 (for
operating without a pennit) 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.
Following the hearing, all parties have an opportunity to review and comment on a draft of the
Office or ore~e of coiorado
Mined Land Reclamation ARive and Inactive Mines GE~logiwl Survey