ENFORCE33327

• Permit No: M1994096
• IBM Index Class Name: Enforcement
• Doc Date: 6/21/2004
• Doc Name: Return- Notice of Possible Violation
• From: DMG
• To: James D. and Beckie J. Krakel
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
June 9, 2004
RECE!!/~L~
JUN 21 2004
COLORADO
DIVISION OF
MINEBRALS
GEOLOGY
0.EC LAMATION~MIN ING
SAFETT•SCIENGE
James D. and Beckie J. Krakel
P.O. Box 732
Wellington, CO 80549
RE: Russell Gravel Pit; Permit No. M-1994-096
Notice of Possible Violation
Division of Mineral: 6 Geology
Dear James D. and Beckie J. Krakel,
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Canany
Division Director
Natural Resource Trustee
On May 28, 2004 the Division of Minerals and Geology conducted a routine inspection of the Russell
Gravel Pit, Permit No. M-1982-147 and found the following:
A 110 Construction Materials Permit was issued on November 21, 1994 for a total of 6 acres. The
affected area was surveyed with a Trimble GeoXT Global Positioning System (GPS) to determine the
affected area. Based on the data collected, approximately 9 acres has been affected. Therefore,
approximately 3 acres has been disturbed outside ofthe present permit boundaries ofPermit No. M-1994-
096.
Based on the data collected, the Division believes the operator is 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) for failure to protect areas outside of the affected land from slides or
damage during the mining and reclamation operations, OR
C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit prior to engaging in a new
mining operation.
The Division will schedule this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the July 28-29, 2004 Board meeting for consideration of the
possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on July 28th or beginning at 9:00 a.m. on July 29s', or as soon thereafter on each
of those days 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.
Ifthe Board 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 affecting the area outside the permit azea) OR $1000 to $5000 (for
operating without a permit) for each day of violation. If you have evidence indicating that the possible
violations noted above do not exist or have been con•ected, please provide it to us as soon as possible or
bring it to the hearing.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey