ENFORCE33477

• Permit No: M1982129
• IBM Index Class Name: Enforcement
• Doc Date: 7/22/1997
• Doc Name: NOTICE OF POSSIBLE VIOLATION ROCKY FLAT GRAVEL PIT PN M-82-129
• From: DMG
• To: L OTTO GOEMMER
• Media Type: D
• Archive: No

'7
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
171 ]Sherman Sr, Room ? 15
Den•~er, Colorado 80203
Phone: (3031 8GG-3567
FAX: [phone]
July 22, 1997
Mc L. Otto Goemmer
P O Box 165
LaVeta CO 81055
Re: Notice of Possible Violation, Rocky Flat Gravel Pit, Permit No. M-82-129
Dear Mr. Goemmer:
I~~~~
DEPARTMEN-I' C
NATURAL
RESOURCE:
Roy Rome
Governor
lames 5. Lochhead
Eiecwive DireUar
Michael B. Lnny
Dwivon D~reaor
On June 27, 1997 we conducted an inspection of your mine. As part of that inspection, a review of the permit file
shows that in a letter to you dated July 22, 1994 you were notified of an increase in the amount of the financial
warranty for the Rocky Fla[ Gravel Pit. The new bond amount of $1 ],000.00 was due by Spetember 20, 1994. To
date you have not provided the replacement financial warranty.
We believe [his is in violation of:
Section 34-32.5-117(4)(c)(I[) of the Colorado Land Reclamation Act for the Extraction of Construction
Materials, C.R.S. 34-32.5-1O1 et. seq. 1995 as amended and of Rule 4.2.1(7) of the Construction Materials
Rules and Re¢ulations.
Therefore, we have found reason to believe a violation exists to Permit M-82-129 and the Law and have scheduled
this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the September 24-25, 1997 Board meeting for consideration of possible
violation. The hearing will be held in Denver, Colorado, at 1313 Sherman Street Room 318, beeinning at 9:00 a. m.
or as soon thereafter as the matter can be considered and you will have [he 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 Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the
amount of $100.00 to $1,000.00 for each day of violation or order the permit be suspended, modified or revoked. [n
addition i[ may set the matter for consideration of forfeiture of the existing $5,000.00 financial warranty at a
subsequent hearing. 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.
If you have any questions, please contact Larry Oehler.
Sincerely,
Michael B. Long '
Division Director
CERTIFIED MAIL NUMBER P 526 4 30 788
Return Receipt Requested
Enclosure -Inspection Report
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STATE OF COLORADO
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