ENFORCE35891

• Permit No: M1982129
• IBM Index Class Name: Enforcement
• Doc Date: 7/26/1994
• Doc Name: CONTINUATION OF CONSIDERATION OF CIVIL PENALTIES NOV M-94-013 ROCKY FLAT GRAVEL PIT PN M-82-129
• From: DMG
• To: L OTTO GOEMMER
• Violation No.: MV1994013
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone 170318h6~7567
FAX: [phone]
July 26, 1994
Mr. L. Otto Goemmer
P.O. Box 165
La Veta, CO 81055
RE: Continuation o:E consideration of
Violation No M••94-013, Rocky Flat
M-82-129
Dear Mr. Goemmer:
~~'~
DEPARTMENT OF
NATURAL
RESOURCES
Roy Ramer
Governor
lames 5. Lochhead
Executive D~renor
Michael B. LOng
civil penalties, Notice ~T^^Director
Gravel Pit, Permit No.
The Division intends to request that the Mined Land Reclamation
Board continue that :portion of your hearing regarding consideration
of civil penalties to the August 27-28 Board Meeting.
As you know, on April 27, 1994 the Board found you to be in
violation of your permit and CRS 34-32-116(7)(h) and ordered
certain corrective actions and ordered civil penalties to be
considered at the June 1994 Meeting after you had time to complete
reclamation work and the Division had time to evaluate your
progress toward men=_ting the corrective actions. The Division
requested that the civil penalties portion of your hearing be
continued to the July Board Meeting because we did not have time to
complete review of your changed application. Since the Division
has not inspected progress on reclamation you elected to complete
and the review of your amendment application is still ongoing we
have decided to ask: the Board to again continue consideration of
civil penalties to the August Board Meeting.
The Division will also ask the Board to change the original Board
order to allow you 90 days to complete the corrective action of
amending your permit. This would place the corrective action due
date at August 23, 1994.
The present decision date for your amendment is July 27, 1994.
Additional information (Exhibit E) is needed before the Division
can consider your application. To avoid denial of your amendment
and possible violation of a Board order, I suggest that you waive
your right to a decision within 30 days. I have discussed this
with your agent and suggested that you request a new decision date
of August 23, 1994. This will give you time to respond to our
adequacy letter of July 22, 1994 and give the Division an
opportunity to inspect your reclamation efforts before the August
Board Meeting.
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