Laserfiche WebLink
~rm,~bm <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone; (3031866.3567 <br />FAX: (303) 832$106 <br />April 17, 2006 ~ ~ <br />Mr. Brian Wells ;~ <br />Dirt Merchants Construction <br />638 1800 Road <br />STATE OF COLORADO <br />Delta, Colorado 81416 <br />RE: Wells Pit, Reference No. M-2006-027, Reason to Believe a Vrolation Exists <br />Dear Mr. Wells: <br />OLORADO <br />(VISION O E <br />IN1xRALS <br />EOI,OGY <br />:LAN ATION•N WING <br />f Af FTT•f CIENCF <br />ein Owens <br />Russell Geroge <br />Executive Direttor <br />Ronald W. canary <br />Division DireFTOr <br />Natugl Resourm Trustee <br />On March 20`h, 2006 the Division of Minerals and Geology (DMG) inspected the above referenced site. <br />An estimated 2.9 acres of disturbance was noted that included excavation and processing of construction <br />materials. <br />We believe this is a possible violation of Colorado Revised Statutes (C.R.S.) Section 34-32.5-109(1) of <br />the Colorado Land Reclamation Act for the Extraction of Construction Materials for failure to first <br />obtain a permit prior to engaging in a new operation. Therefore, the DMG has reason to believe a <br />violation exists to the Law and Rules and has scheduled this matter before the Mined Land Reclamation <br />Board. <br />A Forma] Public Hearing will beheld at the June 14-15, 2006 Board meeting for consideration of a <br />possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado <br />beginning at 10:00 a.m. or as soon thereafter as the matter can be considered. At that hearing you will <br />have the opportunity to be represented and heard. It will be reiterated that there is reason to believe that <br />you are in violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil <br />Penalty in the amount of $1000.00 to $5000.00 for each day of violation for failure to first obtain a <br />permit prior to engaging in a new operation and reasonable fees to cover Division expenditures in this <br />matter. If you have evidence indicating that the possible violations noted above do not exist or has been <br />corrected, please provide it to us as soon as possible or bring it to the hearing. <br />Following the hearing, the parties will have an opportunity to review and comment on a draft of the <br />Boazd's order if requested. If you wish to do so, you must provide the Board with a written request to <br />review the draft order at or before your hearing, or you may request to review the draft order at the <br />hearing. An oral request to review the draft order must be made on the record during the hearing. You <br />must include your mailing address and, ifpossible, a fax number or email address. You will be provided <br />a copy of the draft order for your review as soon as it is available. Please note that the Division has <br />requested the opportunity to review the draft order in this matter. The Board must receive any written <br />comment within seven days following the mailing of the draft order, unless that deadline is extended for <br />good cause. Submit all comments in writing to Tyson Powell, Assistant Attorney General, 1525 <br />Sherman Street, 5th Floor, Denver, CO 80203, telephone no. (303)-866-5273, fax no. (303) 866-5395. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />