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`^-~~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 8003 <br />Phcne: (303) 866-3567 / <br />PAX: (303) 832-8706 ./ <br />December l7, 2002 <br />Mc Rudy Torrez <br />Torrez Construction ^~ <br />28000 U. S. Highway 287 <br />Lamar, CO 81052 <br />STATE OF COLORADO <br />t~ <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive DIreC[Or <br />RE: Reason to Believe a Violation Exists For Failure to Obtain a Reclamation Permit Prior to En a ,n Ronald w. canany <br />g g Rc~Ilig'~7ivision Director <br />New Operation, DMG File M-1985-014;/Bonnie Earl Pit <br />Dear Mr. Torrez: l <br />On December 12, 2002 the Division of Minerals and Geology conducted an inspection of the Bonnie Eazl Pit and found <br />the following: <br />1. A gravel pit permitted to Bent County, Colorado that is not being actively mined by the permittee. <br />2. Evidence that material had recently been removed from the stockpile and apparently hauled off-site. <br />We believe that this is a violation of C.R.S. 34-32.5-109(1) for failure to obtain a reclamation permit prior to engaging <br />in a new mining operation. <br />Therefore, we have reason to believe that a violation exists to DMG File Number M-1985-014 and to the Law, and have <br />scheduled this matter to appear before the Mined Land Reclamation Boazd. <br />A Formal Public Hearing will be held during the January 22-23, 2003 Board Meeting for consideration of a possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning a[ 10:00 a.m. <br />on January 22nd or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to <br />be represented and heard. It will be reiterated that there is reason to believe that you are in violation of the provisions <br />noted above. <br />If the Boazd finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the <br />amount of $ 100.00 to $1,000.00 for each day of violation. If you have evidence indicating that the possible violations <br />noted above do no[ exist or have been coErec[ed, please provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Tony Waldron at (303) 866-3567. <br />SfIY, //~r,~¢ <br />Ronald/~lY <br />Division Director <br />Enclosure(s) <br />Cc: Tony Waldron-DMG <br />CERTIFIED MAIL N0.7001 2510 0004 4144 0001 <br />Return Receipt Requested <br />