ENFORCE32133

• Permit No: M1983164
• IBM Index Class Name: Enforcement
• Doc Date: 4/11/2005
• Doc Name: RTB Ltr
• From: DMG
• To: Mr. George F. Gallegos
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL, Room 215 C O L D RA D O
Denver, Colorado 80203 D I v I s r D N O r
Phone: [phone] n't 1 N & '~ L $

FAX: [phone] G 1i O L O is Y
0.EClAMATIO N•MININ°
SAf ETPEUENCE
April 11, 2005
Bill Owens
Mr. George F. Gallegos c°~°r"°r
PO Box 575 Russell George
rnecutive Director
Romeo, Colorado 81148
Ronald W. Cattany
Division DIreCtOr
RE: Gallegos Pit, Permit No. M-1983-164, Reason to Believe a Violation Exists Natural Resource Trustee
Deaz Mr. Gallegos:
On Mazch 10, 2005, the Division ofMinerals and Geology (DMG) inspected the above-referenced permitted
site. An estimated 2.6 acres of disturbance was noted outside of the approved permit boundaries.
We believe this is a possible violation of Colorado Revised Statutes (C.R.S.) Section 34-32.5-109(1) ofthe
Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et. s~ for
failure to first obtain a permit prior to engaging in a new operation or a possible violation of C.R.S. Section
34-32.5-116(4)(i} of the Colorado Land Reclamation Act for the Extraction of Construction Materials,
C.R.S. 34-32.5-101 et. sue, Rule 3.1.5(3) and Permit M-1983-164 for failure to protect areas outside the
affected land from slides or damage occurring during the mining operation and reclamation. The DMG
therefore, has reason to believe a violation exists to the Law orPermit No. M-1983-164, and have scheduled
this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held at the May 11 and 12, 2005 Board meeting for consideration of a
possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado
beginning at 10:00 a.m. on May 11, and 9:00 a.m. on May 12, 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 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 $1000.00 to $5000.00 for each day of violation for failure to first obtain a permit prior to
engaging in a new operation or, assess a Civil Penalty in the amount of $100.00 to $1000.00 for each day of
violation and order the permit be suspended, modified, or revoked for failure to protect areas outside the
affected land. 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, the parties will have an opportunity to review and comment on a draft of the Board's
order if requested. If you wish to do so, you must provide the Board with a written request to review the
draft order at or before your hearing, or you may request to review the draft order at the hearing. You must
include your mailing address and, ifpossible, a fax number or email address. You will be provided a copy of
the draft order for your review as soon as it is available. Please note that the Division has requested the
opportunity to review the draft order in this matter. The Boazd must receive any written comment within
seven days following the mailing of the draft order, unless that deadline is extended for good cause. Submit
all comments in writing to Tyson Powell, Assistant Attorney Genera1,1525 Sherman St., 5th Floor, Denver,
Office of Office of Colorado
~~~ Rarlamarinn -Active and Inactive Mines Geological Survey