ENFORCE36098

• Permit No: M1990070
• IBM Index Class Name: Enforcement
• Doc Date: 6/24/2004
• Doc Name: Reason To Believe a Violation Exists
• From: DMG
• To: San Juan County
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
June 24, 2004
Mr. Louis Girodo
San Juan County Road Department
P.O. Box 466
1512 Greene Street
Silverton, CO 81433
COLORADO
DIVISION O F
MINERALS
GEOLOGY
REC LAMATION•MINING
SAFETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. CalUny
Division Director
Natural Resource Trustee
RE: Reason To Believe a Violation Exists, Eureka Gravel Pit, Permit No. M-1990-070.
Dear Mr. Abbott:
On Apri18 and 26, 2004, the Division of Minerals and Geology conducted an inspection of
your mine and found evidence of off-site damage. The off-site damage occurred as slope
movement, resulting from mining activities, extended beyond the permit boundary.
Response from San Juan County, dated June 2, 2004 and received by DMG on June 15, 2004,
verifies that off-site damage has occurred at the Eureka Gravel Pit.
The Division believes this is in violation of Construction Materials Rule 3.1.5(3), and of
Section 34-32.5-116(4)(1) of the Colorado Land Reclamation Act for the Extraction of
Construction Materials, 34-32.5-101 et sew., C.R.S., and of permit conditions.
Therefore, the Division has found reason to believe a violation exists to Permit M-1990-070
and the Law and has scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the July 28-29, 2004 Board meeting for
consideration of possible violation(s). The hearing will be held in Room 318 of 1313 Sherman
Street, Denver, Colorado, beginning at 10:00 a.m. on the 28a', and 9:00 a.m. on the 29~, or as
soon thereafter as the matter can be considered and you will have the opportunity to be
represented and heard. 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, assess a
civil penalty in the amount of $100 to $1,000 for each day of violation or order the permit be
suspended, modified or revoked. If you have evidence indicating that the possible
__ violation(s) noted above do not exist or have been,corrected, please provide it to_us as soon as
possible or bring it to the hearing.
Office of Office of Colorado
Mined Land Rxlamation Attive and Inactive Mines Geological Survey