ENFORCE32287

• Permit No: M2004045
• IBM Index Class Name: Enforcement
• Doc Date: 5/26/2004
• Doc Name: Complaint letter
• From: Bruce Nickerson
• To: DMG
• Media Type: D
• Archive: No

OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
DIVISION O F
MINERALS
GEOLOGY
RECLAMATION•MINING
SAFETY•SC IENCE
Ma 3, 2004 ~ Bill Owens
y I Governor
Homer Monks Construction Co an ,Inc. ~ Russell George
mP y Executive Director
Attn: Patty Monks 1
P.Q. BOX 1207 Ronald W. Cat[any
Division Director
Llmnn, CO $0828 Natural Resource Trustee
RE: Reason to Believe a Violation Exists at the Nottingham Pit, DMG File # M-1992-075
Dear Ms. Monks:
On April 20, 2004 the Division of Minerals and Geology conducted an inspection of the Nottingham Pit and found the
following:
Your company had conducted mining and reclamation operations outside of the approved permit azea.
We believe that this is a violation of C.R.S. 34-32.5-109(1) for failure to obtain from the board or office a
reclamation permit prior to engaging in a new mining operation. Specifically, mining and loading operations had
occurred in a portion of the Arikaree River that is not included within your approved permit area. The operations were
occumng in the NW '/< of Section 5, T 7 S, R 53 W of the 6's P.M. in Lincoln County, Colorado and the site was
permitted to allow excavation in the NE '/< of Section 5, T 7 S, Range 53 W of [he 6n' P.M. in Lincoln County,
Colorado. ~
Therefore, we have reason to believe that a violation exists to DMG File Number M-1992-075 and to the Law, and have
scheduled this matter to appear before the Mined Land Reclamation Board.
A Fomtal Public Hearing will be held during the June 22nd and 23rd, 2004 Board Meeting for consideration of a
possible violation. The hearing will be held in Room 318 of 1313 Shetinan Street, Denver, Colorado, beginning at
10:00 a.m. on June 22nd 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 and/or assess a Civi! Penalty in the
amount of $ 1000.00 to $5,000.00 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 uslas soon as possible or bring it to the hearing.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before it
becomes ftnal. /f you wish to do so, you must provide the Board with d written request to review the draft order prior
to or at the time of your hearing, or you must inform the Board orally during the hearing that you request to review the
draft order. You must include your mailing address and, if possible, a `fax or email address. You will be provided a
copy of the draft order for your review as soon as it is available. The Board must receive your comments on the draft
order within den (10) calendar days of the date the draft order is mailefl unless that deadline is extended. Please note
Board Order prior to mailing to anv party. Submtt all comments in writing to Mr. Tyson Powell, Assistant Attorney
General, 1525 Sherman Street, 5"' Floor, Denver, Colorado 80203, or~FAX #[phone]. The Board will resolve
any issues regarding the form and substance ofthe order. This process does not affect your right to request
reconsideration by the Board or appeal the form or substance of the order.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey