ENFORCE33668

• Permit No: M2004045
• IBM Index Class Name: Enforcement
• Doc Date: 6/26/2004
• Doc Name: Cert Mail Receipts- RTB Ltr
• From: DMG
• To: United Counrtry Premier Brokers and Lowry Contractors
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215 C O L D RA D O
Denver, Colorado 80203 DIVISION O F
Phone: [phone] MINERAL S

FAX: [phone] G E O L O G Y
0.ECLAMATIO N•MINING
SAFETY•SCIEN CE
Bill Owens
Governor
June 23, 2004
• Russell George
Executive Director
Lowry Contractors
AtM: Ron Jackson Ronald W. Cottony
Division Direcor
625 Illinois Avenue Natural Resource Trustee
Salida, CO 81201
RE: Reason to Believe a Violation Exists at the Tom Smith Pit; DMG File # M-2004-045
Deaz Mr. Jackson:
On June 10, 2004 the Division of Minerals and Geology conducted an inspection of [he Tom Smith Property Pit located
approximately 2 miles northeast of South Fork, Colorado and found the following:
Lowry Contractors had been conducting training and reclamation operations on a portion of Section 29, Township 40 N,
Range 4 E in Rio Grande County, Colorado.
We believe that this is a violation of C.R,S. 34-32.5-109(1) For failure [o obtain from the board or office a
reclamation permit prior to engaging in a new mining operation. Specifically, significant mining and reclamation
operations had occurred on a piece of property adjacent to the Rio Grande River near South Fork, Colorado on property
owned or controlled by Tom Smith.
Therefore, we have reason to believe that a violation exists to DMG File Number M-2004-045 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 July 28`s and 29'", 2004 Board Meeting for consideration of a possible
violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m.
on July 28th 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 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 $ 1000.00 [o $5,000.00 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
becomes final. /f you wish to do so, you must provide the Board with a written request to review the draft order prior
to or at the time ofyour hearing, oryou must inform the Boardorally during the hearing thatyou request to review the
draft order. You must include your mailing address and, if possible, a fax or email address. 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 ten (10) calendar days of the date the draft order is mailer!, unless that deadline is extended. Please note
that the Division ofMinerals and Geology has requested and will be allowed to review and comment on the draft
Board Order prior to mailing to any party. Submit all comments in writing to Mr. Tyson Powell, Assistant Attorney
General, /525 Sherman Street, 5`" Floor, Denver, Colorado 80203, or FAX #[phone]. The Board will resolve
any issues regarding the form and substance of the order. This process does not affect your right to request
reconsideration by the Board or appeal the form or substance of the order.
Office of
Mined Land Reclamation
Office of
Active and Inactive Mines
Colorado
Geological Survey