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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 60203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />December 17, 2002 <br />Mr. Rudy Torrez <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Torrez Construction Bill Owens <br />28000 U. S. Highway 287 Governor <br />Lamar <br />CO 81052 Greg E. Walther <br />, Executive Director <br />RE: Reason to Believe a Violation Exists For Failure to Obtain a Reclamation Per mit Prior to En a In Rrnald W. Cattany <br />g g Rc1lhg~ivision Director <br />New Operation, DMG File M-1985-014; Bonnie Earl Pit <br />Dear Mr. Torrez: <br />On December 12, 2002 the Division of Minerals and Geology conducted an inspection of the Bonnie Earl Pit and found <br />the following: <br />]. A gravel pi[ permitted to Bent County, Colorado that is not being actively mined by the permittee. <br />2. Evidence that material had recently been removed from the stockpile and apparently hauled ofT--site. <br />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 <br />in a new mining operation. <br />Therefore, we have reason to believe that a violation exists to DMG File Number M-1985-014 and to the Law, and have <br />scheduled this matter to appear before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the January 22-23, 2003 Board Meeting for consideration of a possible <br />violation. The hearing will be held in Room 318 of 1313 ShelTnan Street, Denver, Colorado, beginning at 10:00 a.m. <br />on January 22nd or as soon thereafter as the matter can be considered. At [hat hearing you will have the opportunity to <br />be represented and heard. It will be reiterated that there is reason to believe that you are in violation of the provisions <br />noted above. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in [he <br />amount of $ 100.00 [o $1,000.00 for each day of violation. If you have evidence indicating that the possible violations <br />noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Tony Waldron a[ (303) 866-3567. <br />S~IY, C/~`~~ <br />//~,/i/~ <br />Ronald W. Cattany <br />Division Director <br />Enclosure(s) <br />Cc: Tony Waldron-DMG <br />CERTIFIED MAIL NO. 7001 2510 0004 4144 0001 <br />Retum Receipt Requested <br />