ENFORCE32914

• Permit No: M1985029
• IBM Index Class Name: Enforcement
• Doc Date: 8/4/2006
• Doc Name: RTB ltr
• From: DMG
• To: Duocommun Business Trust
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Deparbnent of Natural Resources
7313 Sherman St., Room 275
Denver, Colorado 80203
Phorse: (303) 8663567
FAX: [phone]
August 4, 2006
Ducommun Business Trust
Alm: Dennis Ducommun
303 C.R. 520, P.O. Box 848
Fraser, CO 80442 /
Y
RE: Reason to Believe a Violation Exists at the Alma Placer; DMC File # M-1985-029
Dear Mr. Ducommun:
OLORADO
I V I S I O N O F
INERALS
GEOLOGY
RE CIA NATION•NINING
SAEETY•SCIENCE
sill CnvenS
Governor
Russell George
Executive Director
Ronald W. Canny
Division Director
Natural Resource Trustee
On July 18, 2006 the Division of Minerals and Geology conducted an inspection of the Alma Placer Mine located
adjacent to the town of Alma, Colorado and found the following:
The operator had failed to abate a problem cited as the result of previous inspections conducted on June 2 & 7, 2006.
The abatement date was July 7, 2006 and required the operator to install storm water control structures. Specifically,
collection ditches 2 & 3 and pond 4 were required to be installed as outlined under problem # 2 of the June 2 & 7
inspection report. The ditches were installed; however, [he pond had not been constructed as required. This activity
occurred in a portion of Section 12, Township 9 S, Range'78 W of [he 6"" P.M. in Park County, Colorado.
We believe that this is a violation of C.R.S. 34-32.5-116(4)(h) and Rule3.l.6 for failure to minimize damage to the
prevailing hydrologic balance of the affected and surrounding land by not installing sediment control structures as
approved in the permit application.
Therefore, we have reason to believe that a violation exists to DMG File Number M-1985-029 and to the Law, and have
scheduled this matter to appear before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the September 13s' and 14`s, 2006 Board Meeting for consideration of a
possible violation. The hearing will be held at the Centennial Building which is located at 1313 Sherman Street, Room
318, Denver, Colorado, beginning at 9:30 a.m. on September l3`s or 9:00 a.m. on September 14th 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.
!f the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the
amount of $ 100.00 to $1,000.00 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 us as 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
hecomes frnal. /f you wish to do so, you must provide the Board with a written request to review the draft order prior
to or a[ the time of your hearing, ar you must inform [he Board orally during the hearing that you request to review the
draft order. You must include yo:lr mailing address and, if passible, a far number. 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
[en (l O) calendar days of the date the draft order is mailed, unless that deadline is extended Please note that the
Division of Minerals and Ceologv has requested and will be allowed to review and comment on the draft Board Order
prior to mailine to any party Submit all comments in writing to Mr. Tyson Powell, Assistant Attorney General. 1525
Sherman Street, 5'h Floor, Denver, Colorado 80103, or FAX #[phone]. The Board will resolve any issues
regarding the form and substance ojthe order. This process does not affect your right [o request reconsideration by
the Board or appeal the form or substance of the order.
STATE OF COLORADO
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey