ENFORCE29819

• Permit No: M1990070
• IBM Index Class Name: Enforcement
• Doc Name: Documents distributed prior to hearing
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7 313 Sherman St, Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: (303) 832$106
June 24, 2004
Mr. Louis Girodo
San Juan County Road DeparErrLent
P.O. Box 466
1512 Greene Street
Silverton, CO 81433
COLORADO
DIVISION OF
MINF~RALS
GEOLOGY
SAFEiT•SCIEN~E
Bill Owens
Governor
Ruasen George
Exeanive Director
Ronald W. GMany
Oivtston Dirxmr
Natml Resource hustx
RE: Reason To Believe a Violation Exists, Eureka Gravel Pit, Permit No. M-1990-070.
Deaz Mr. Abbott:
On Apri18 and 26, 2004, the Division of Minerals and Geology conducted an inspection of
your mine and found evidence of off-site damage. The off-site damage occurred as slope
movement, resulting from mining activities, extended beyond the permit boundary.
Response from San Juan County, dated June 2, 2004 and received by DMG on June 15, 2004,
verifies that off-site damage has occurred at the Eureka Gravel Pit.
The Division believes this is in violation of Construction Materials Rule 3.1.5(3}, and of
Section 34-32.5-116(4)(1) of the Colorado Land Rec]amation Act for the Extraction of
Construction Materials, 34-32.5-101 et se ., C.R.S., and of permit conditions.
Therefore, the Division has found reason to believe a violation exists to Permit M-1990-070
and the Law and has scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will beheld during the July 28-29, 2004 Board meeting for
consideration of possible violation(s). The hearing will be held in Room 318 of 1313 Sherman
Street, Denver, Colorado, beginning at 10:00 am. on the 28~, and 9:00 a.m. on the 29~, 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 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 $1,000 far each day of violation or order the permit be
suspended, modified or revoked. If you have evidence indicating that the possible
violation(s) noted above do not exist or have been.corrected, please provide it to_us as soon.
possible or bring it to the hearing.
OASce of 08ice of Colorado
Mined Land Reclama0on Attive and Inattive Mines ~....r_-r__r e.._._..