ENFORCE34984

• Permit No: M2006029
• IBM Index Class Name: Enforcement
• Doc Date: 5/24/2006
• Doc Name: Notice of PV Mining w/o a permit
• From: DMG
• To: Grand County Dept of Road and Bridge
• Media Type: D
• Archive: No

,~m,,,~, cbrn STATE OF COLORADO
1/
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St, Room 215 C O L O RA D O
Denver, Colorado 80203 DIVISION O F
Phone: [phone] MINERAL S
FAX: [phone] G E O L O G Y
RECLANATION•NINING
SAFETY•SCIENCE
May 24, 2006
Bill Owens

Mr. Bill Clazk Governor

Assistant Superintendent , / RGESen ceotRe
Executive Dimctor
Grand County Department of Road and Bridge RGnald w. Cattany
P.O. Box 9 Division Director
Granby, CO 80446 Naturel Resource Trustee
//
RE: South Fork Gravel Pit, Permit Application No. M-2006-029
Notice of Possible Violation; Mining Without a Permit f/
Deaz Mr. Clazk,
On May 9, 2006 the Division of Minerals and Geology conducted apre-operation inspection of the
proposed South Fork Gravel Pit, Permit Application No. M-2006-029 and found the following:
The applicant has disturbed all of the approximately 5.57 acres described in the reclamation permit
application by clearing trees, stripping topsoil and mining approximately 2.3 acres of sand and gravel
prior to obtaining a reclamation permit.
The Division believes the operator is in possible violation ofC.R.S. 34-32.5-109(1) ofthe Colorado Land
Reclamation Act for the Extraction of Construction Materials Rules and Regulations for failure to first
obtain a reclamation permit prior to engaging in a new mining operation. Therefore, the Division will
schedule this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the July 12th and 13s', 2006 Board meeting for consideration
of the possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver,
Colorado, beginning at 10:00 a.m. on July 12th and 9:00 a.m. on July 15th, or as soon thereafter on each of
those days 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 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 or assess a Civil
Penalty in the amount of $1,000 to $5,000 for each day of violation for operating without a permit. Ifyou
have evidence indicating that the possible violation noted above does not exist or has 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. Ifyou wish to do so, you must provide the Boazd with a written request to
review the draft order prior to or at the time of your hearing, or you must inform the Board orally during
the hearing that you request to review the draft order. You must include your mailing address and, if
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey