ENFORCE29313

• 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: Pelino Inc
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Shemran SL, Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
June 1, 2006 v
Mr. Scott Pelino
Pelino, Inc. ~/
33551 CR 361
P.O. Box 5049
Buena Vista, CO 81211
RE: Jesse Lee; Permit No. M-1984-043
vNotice of Possible Violation; Mining Outside of Permit Area
Deaz Mr. Pelino,
OLORADO
I V I s 1 0 N O F
tINERALS
EOLOG
sdl o~
Goserrror
Russell George
Exxutive Director
Ronald W. campy
Division Director
Natural Retarnx Trustee
On May 19, 2006 the Division ofMinerals and Geology conducted a citizen complaint inspection of the
Jesse Lee Pit, Pennit 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 area 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 area.
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 Hearing will be held during the July 12-13, 2006 Boazd 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`s or beginning at 9:00 a.m. on July 13s', 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 area) OR $1000 to $5000 (for
operating without a permit) 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.
Office of Office of Colorado
Mined Land Rxlamation Active and Inactive Mines Geological Survey