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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY ~_ <br />Department of Natural Resources <br />1313 Sherman St., Room 215 C O L O R.A D O <br />Denver, Colorado 80203 o t v t s t o N o e <br />Phone: (303) 866-3567 MIN & A L $ <br />FAX: (303) 832$106 G E O L O G Y <br /> RFCLAMATION•MI NING <br /> SAFETY•SCIENCE <br />November 12, 2004 /- Bill Owens <br />Governor <br />Deb Rudibaugh ~ Russell George <br />Executive Director <br />71 1 Ranch <br />Parlin Colorado 81239 Ronald W. Cattany <br />, ~ / Division Director <br />E/ Natural Resource Trustee <br />Re: Rudibaugh Pit, Permit No. M-1995-057, Fina/ Request for Amendment Submission Prior To <br />/ssuance of Notice Of Vio/ation. <br />Dear Mrs. Rudibaugh: <br />This letter is a final request for the submission of the amendment to correct issues noted in the <br />July 28thy 2004 inspection related to the small-disturbed areas outside the permit boundaries. <br />Staff visited with you on October 8th, 2004 on site and per your verbal assurances expected the <br />amendment submission within 10 days.. A phone call and message for resporise has not been <br />returned. As of the date of this letter, the Division has not received the amendment, which is now <br />34 days past the noted visit. <br />Therefore, you, are herby notified that if the Amendment and appropriate fee are not received in the <br />Denver Office by November 26th, 2004 a Notice of Violation will be issued on that date and the <br />matter will be scheduled for the December 14`h -15`h 2004, Mined Land Reclamation Board <br />hearing in Denver. At that time, staff will have no choice but to address the issue before the <br />Board as mining outside the permit boundaries, which could carry civil penalties, an increase in <br />reclamation bond and / or revocation of the permit. Civil penalties can range from 51000.00 to <br />55000.00 dollars per day since the discovery of the issue per the Rules. <br />Staff regrets having to take such a stern stance, but must insist that the issue be addressed <br />immediately. The operator was given 60 days originally to address the issue and now an additional <br />30 days has passed. This is far more time than is normally given for such an infraction, which <br />usually goes directly to the Board. Staff felt that the small nature of the disturbance could be <br />addressed without that step, but cannot allow the situation to go any farther do to the operator's <br />inaction. <br />If you need additional information, please contact me at the Division of Minerals and Geology, <br />Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, <br />telephone no. 970.241.1 1 17. <br />Sincerely, <br />.~ „~~ <br />G. Russell Means <br />Environmental Protection Specialist <br />Office of <br />Office of <br />Colorado <br />