ENFORCE36104

• Permit No: M1977071
• IBM Index Class Name: Enforcement
• Doc Date: 11/14/1998
• Doc Name: HALF MOON PIT PN M-77-071
• From: DMG
• To: LAKE CNTY COMMISSIONERS
• Violation No.: MV1999001
• Media Type: D
• Archive: No

~ III I IIIIIIIIIIIIIII~
STATE ~
OF
COLORADO
DIVISION OF MINERALS AND GEOLOGY
Deparlmenl of Nal ural Resources
1313 Sherman Sr.. Room 215 ~
r

Denver, Colorado 80203 I
~

Phone [phone] I
FAX: [phone]:-8106
DEPARTMENT OF
NATURAL
November 14, 1998 RESOURCES
Lake Coun
ry Roy Romer
Grnemor
Lake County Commissioners lames 5. Luchhead
505 Harrison AVe. Erecurive Dneclor
Leadville, CO 80461 M¢hael B. Long
Division D~recror
RE: Half Moon Pit. Permit No. M-77-071
Dear County Commissioners:
On Oc[ober l5, 1998, [he Division of Minerals and Geology conducted an inspection of the Half Moon Pi[ and found
the following:
The affected area was surveyed with a Trimble GeoExplorer II Global Positioning System (GPS) to determine the
affected area. Based on the data collected, approximately 3 acres had been disturbed outside of the present permit
boundaries of Permit No. M-77.071. Based on the data collected, the operator failed to first obtain a reclamation
permit prior to engaging in a new operation or the operator failed to protect areas outside of the affected land from .
slides or damage during the mining and reclamation operations. We believe this is in violation of 34-32.5-109(1) or
34-32.5-I 16(4)(i) of the Colorado Revised S[atutes, commonly referred to as the Colorado Land Reclamation Act for
the Extrac[ion of Construction Ma[erials.
Therefore, we have reason to Lelieve that a violation exists [o Permit Number M-77-071 and to the Law, and have
scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the December 16-17, 1998 Board meeting for consideration of possible
violation. The hearing will be held in Room 3l8 of 13(3 Sherman S[reet, Denver, Colorado, beginning at 9:00 a.m.
or as soon thereafter as the matter can be considered. At tha[ hearing you will have the opponunity to be represented
and heard. It will be rei[erated that there is reason to believe that you are in violation of the provisions noted above.
If the Board fmds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the
amount of $1000 to $5000 {operating without a permit) or $l00 to $1000 (affecting the area outside the permit area)
for each day of violation, and/or order the permit be suspended, modified, or revoked. 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 or bring it to the hearing.
If you have any questions, please contact Erica Crosby.
Sincere)
MICHAEL B.
Division Direcror
cc: Erica Crosby; DMG
CERTIFIED MAIL NO. Z ~~~ ~ ~~ 0:~~
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C:\esc\viol\m77071