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ENFORCE29931
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ENFORCE29931
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Entry Properties
Last modified
8/24/2016 7:36:49 PM
Creation date
11/21/2007 12:25:56 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1989023
IBM Index Class Name
Enforcement
Doc Date
8/28/2006
Doc Name
RTB a Violation Exists
From
DRMS d eg
To
Mr. Clyde Couch
Media Type
D
Archive
No
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STATE OF OLORADO <br />DIVISION OF RECL4MAT10N, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />August 28, 2006 <br />Mr. Clyde Couch <br />Owner/Operator <br />122 State Street <br />Sterling, CO 8075 <br />Wlu¢_M+~1Ps <br />a <br />~.` ~~s' <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />~-- <br />Re: Reason To Believe a Violation Exists, Caliche School Pit Permit No. M-1989-023 <br />~~ <br />Dear Mr. Couch: <br />On August 24, 2006 the Division of Reclamation, Mining and Safety conducted an inspection of <br />your mine and found: <br />The Operator has disturbed approximately 1.9 acres outside of the permit area by mining outside <br />of the southern extent of the approved pem3it boundary. <br />The Division believes this is in violation of C.R.S34-32.5-116 (4)(i) and Rule 3.1.5(3) for failure <br />to protect azeas outside of the affected land from damage occurring during the mining operation <br />and reclamation. <br />Therefore, the Division has found reason to believe a violation exists to DRMS Permit M-1989- <br />023 and the Law and has scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the October 18'" and 19's, 2006 Board meeting for <br />consideration of a possible violation. The hearing will be held in Room 3I8 of 1313 Sherman <br />Street, Denver, Colorado beginning at 9:00 a.m. on October 18'" and 19a' or as soon thereafter as <br />the matter can be considered. At that hearing you will have the opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that you are in violation of the <br />provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil <br />Penalty in the amount of $100,00 to $1,000.00 for each day of violation, and/or order the permit <br />be suspended, modified or revoked. If you have evidence indicating that the possible violation <br />noted above does not exist or have been con•ected, please provide it to the Division as soon as <br />possible or bring it to the hearing. <br />Following the hearing, the parties have an opportunity to review and comment on a draft of the <br />Board's order if requested. If you wish to do so, you must provide the Board with a written <br />request to review the draft order at or before your hearing, or you may request to review the drag <br />order at the hearing. An oral request to review the drab order must be made on the record during <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />
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