ENFORCE36716

• Permit No: M1996079
• IBM Index Class Name: Enforcement
• Doc Date: 10/2/1996
• Doc Name: STONE QUARRY ON BEECH HILL
• From: DMG
• To: CHESTER BARNARD
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1 313 Sherman St., Room ? 15
Denver, Colorado 80203
Phone: [phone]
FA%: 130 31 83 2-81 06
October 2, 1996
Mr. Chester Barnard
P.O. Box 86
Lyons, Colorado 80540
RE: Stone Quarry on Beech Hill
Dear Mr. Bernard:
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On September 18, 1996, the Division of Minerals and Geology conducted an inspection
of your operation and found the following:
Mining operations were being conducted without a permit
We believe this is in violation of:
Section 34-32.5-109(1) of the Colorado land Reclamation Act for the Extraction of
Construction Materials
Therefore, we have reason to believe that a violation of this act exists, and have
scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the November 13 and 14, 1996 Board
meeting for consideration of possible violation. The hearing will be held at 1313
Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. or as soon
thereafter as the matter can be considered. At that hearing 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 $1,000 to $5,000 for each day of violation. 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,
The attached inspection report lists specific dates when corrective actions shall be
corrected by. Please provide us with notice of the completed actions as soon as possible.
Prompt correction of the listed problems may signiecantly reduce any potential civil
penalty the Board may levy.
By law, the Division is required to provide 30 days notice for formal board hearings.
However, since any penalty assessment is tabulated daily beginning with the date of the
inspection and ending with an appearance before the Board, you may wish to waive your