ENFORCE31599

• Permit No: M1990140
• IBM Index Class Name: Enforcement
• Doc Date: 5/24/2005
• Doc Name: RTB Ltr
• From: DMG
• To: Duran and Pearce Contractors
• 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]
V
May 24, 2005
Mr. Jimmy Duran V
Duran and Pearce Contractors
504 Stock Dr.
Craig, CO 81625
COLORADO
DIVISION O F
MINERALS
GEOLOGY
0.ECLA NATION•NIN ING
sAFETY•SCIENCE
Bill Owens
Governor
Russell George
Executive DlreClor
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Reason to Believe a Violation ExistsBoazd Hearing >/
Hardrock Sand and Gravel, Duran and Peazce Contractors, Martin Pit IA,Permit No. M-1990-140
Dear Mr. Duran:
On Apri121,2005, the Division ofMinerals and Geology inspected Hazdrock Sand and Gravel's Martin Pit
1 A and observed mining activities which appeazed to be outside the pem3itted area and to be within 5 to 10
feet of permanent man made structures (utility towers). A copy of this inspection report is enclosed .
These activities appear to be in violation of the Colorado Land Reclamation Act for the Extraction of
Construction Materials (The Act).
Therefore, the Division believes you to be in possible violation of the Act, specifically: Section 345-
32.5-109(1) for failure to obtain a permit prior to engaging in a new operation, or Section 34-32.5-116(4)
(i) for failure to protect areas outside of the affected land from slides or damage occumng during the
mining operation and reclamation.
A Formal Public Hearing will be held during the July 13`h and 14`h Board meeting for consideration of
possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on June 14s', and at 9:00 a.m. on June 15`h or as soon thereafter as the matter can be
considered. At that hearing 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 for failure to obtain a permit at this hearing, it may issue a Cease and Desist
Order, access a Civil Penalty of not less than one thousand dollazs ($1,000) per day nor more than five
thousand dollars ($5,000) per day for each day the land has been affected. If the Board determines that a
violation of the provisions of a permit, such as mining outside the permitted affected area, the Board shall
access a Civil Penalty in the amount of $100.00 to $1,000.00 for each day of violation, and/or order the
permit be suspended, modif ed, or revoked. If you have evidence indicating that the possible violations noted
above do not exist or have been corrected, please provide it to the Division as soon as possible or bring it to
the hearing.
Following the hearing, the parties will have an opportunity to review and comment on a draft of the

Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey