ENFORCE33293

• Permit No: M2004078
• IBM Index Class Name: Enforcement
• Doc Date: 5/7/2006
• Doc Name: RTB a Violation Exists/Board Hearing Class: Enforcement
• From: DMG
• To: SW TKO Joint Venture LLC
• Media Type: D
• Archive: No

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STATE OF COLORADO
,--~ DIVISION OF MINERALS AND GEOLOGY
Depamnent of Natural Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203
Phone: [phone]
FA%: (303) 832A106
{/May 7, 2006
Mr. Mark D. Campbell
SW TKO Joint Venture, LLC
333 W Hampden Ave., Suite 810
Englewood, CO 80110
RE:'Reason to Believe a Violation ExistsBoard Hearing, Class: Enforcement
SW TKO Joint Venture, LLC by Lafarge North America
Lupton Lakes Resources, Permit No. M-2004-078
Dear Mr. Campbell:
COLORADO
DIVISION O F
M1NE~,RALS
GEOLOGY
RECLANATION•NININO
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Rlasell George
Executive DlNxaor
Ronald W. falbny
Division Director
Natural Resource Tnn[ee
On May 9, 2006 the Division of Minerals and Geology conducted an inspection of your operation and found
the following: The operator (Lafarge North America) had disposed of sediment and run heavy equipment on
the adjacent landowner's property (Tony Finley). The surface area of alleged excavation onto Mr. Finley s
property is unknown. The total un permitted disturbance was estimated to be 0.1 acres.
Therefore, the Division believes the Operator to be in possible violation of the Colorado Land Reclamation Act
for the Extraction of Construction Materials Rules and Regulations, specifically: C.R.S. 34-32.5-116(4(1) and
Rule 3.1.5(3) of the Construction Materials Rules and Regulations for failure to protect areas outside the
affected lands from slides or other damage.
A Formal Public Hearing will be held during the July 12 & 13, 2006 Boazd meeting for consideration of
possible violation. The hearing will beheld in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning
at 10:00 a.m. on July 12 and at 9:00 a.m. on July 13 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 Boazd finds a violation at this hearing, it may issue a Cease and Desist order, assess a Civil Penalty in the
amount of $100 to $1000 for each day of violation, and/or order the permit to be suspended, modified, or
revoked. 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. An oral request to
review the draft order must be made on the record during the hearing. You must include your mailing address
and, if possible, a fax number or a-mail 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 Board must receive any written comment within seven days following the mailing of the drag
Office of Otfice of Cobrado
Mined Land Reclamation Active and Inactive Mines Geological Survey