ENFORCE34604

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
pepartment of Natural Resources `~
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone] ^/
December 17, 2002
Myron G. Mullett )
Mullett's Excavating, LLC,/
320 CR 241
Westcliffe, CO 81252
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MININ G•S AFETY
Rill Owens
Governor
Greg E. Walther
Executive Director
Ronald W. Cattany
RE: Reason to Believe a Violation Exists For Failure to Obtain a Reclamation Permit Prior to Engaging~2lp,~Divlsion Director
New Operation, DMG File # M-2002-097; Sierra Mojada Subdivision
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Dear Mr. Mullett: -
On September 11, 2002 and December 12, 2002 the Division of Minerals and Geology conducted an inspection of a
mining site m the Sierra Mojada South subdivision and found the following:
1. A gravel mining excavation and adjacent processed gravel stockpile.
2. Evidence that material had recently been removed from the stockpile and apparently hauled off-site.
3. Very little evidence of appropriate reclamation activities for the excavated site.
We believe that this is a violation of C.R.S. 34-32.5-109(1) for failure to obtain a reclamation permit prior to engaging
in a new mining operation.
Therefore, we have reason to believe that a violation exists to DMG File Number M-2002-097 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 January 22-23, 2003 Boazd 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 January 22nd or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to
be represented and heazd. It will be reiterated that there is reason to believe that you aze in violation of the provisions
noted above.
If the Board fmds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the
amount of $ 100.00 to $1,000.00 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 of bring it to the hearing.
If you have any questions, please contact Tony Waldron at [phone].
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Ronald W. Cattany
Division Dvector
Enclosure(s)
Cc: Tony Waldron-DMG
CERTIFIED MAIL NO. 7001 2510 0004 4144 0025
Retlun Receipt Requested