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ENFORCE37597
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ENFORCE37597
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Entry Properties
Last modified
8/24/2016 7:46:32 PM
Creation date
11/21/2007 3:39:00 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004078
IBM Index Class Name
Enforcement
Doc Date
5/7/2006
Doc Name
RTB a Violation Exists/Board Hearing Class Enforcement
From
DMG
To
Lafarge North America
Media Type
D
Archive
No
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`~ 5~ ~bfvl ~ ~ b~ <br />STATE OF COLORADO <br />-~ DIVISION OF MINERALS AND GEOLOGY <br />DepaMtent of Natural Resourors <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Pltorte: (303) 8663567 <br />FAX: (303) 832$106 <br />/May 7, 2006 <br />Mr. Dave Jordan <br />Lafage North America <br />10170 Church Ranch Way, Suite 200 <br />Westminster, CO 80021 <br />RE: vReason to Believe a Violation ExistsBoard Hearing, Class: Enforcement <br />SW TKO Joint Venture, LLC by Lafarge North America <br />Lupton Lakes Resources, Permit No. M-2004-078 <br />Deaz Mr. Jordan: <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />RECLAMATION•NININO <br />f AEETT•SCIENOE <br />am osrem <br />c <br />Russell Geolge <br />Executive Dimaor <br />Ronald W. carany <br />Division Dimctor <br />Natu21 Resource TnnOee <br />On May 9, 2006 the Division of Minerals and Geology conducted an inspection of your operation and found <br />the following: The operator (Lafarge North America) had disposed of sediment and run heavy equipment on <br />the adjacent landowner's property (Tony Finley). The surface area of alleged excavation onto Mr. Finley s <br />property is unknown. The total un permitted disturbance was estimated to be 0.1 acres. <br />Therefore, the Division believes the Operator to be in possible violation of the Colorado Land Reclamation Act <br />for the Extraction of Construction Materials Rules and Regulations, specifically: C.R.S. 34-32.5-116(4(1) and <br />Rule 3.1.5(3) of the Construction Materials Rules and Regulations for failure to protect azeas outside the <br />affected lands from slides or other damage. <br />A Formal Public Hearing will be held during the July 12 & 13, 2006 Boazd meeting for consideration of <br />possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning <br />at 10:00 a.m. on July 12 and at 9:00 a.m, on July 13 or as soon thereafter as the matter can be considered. At <br />that hearing you will have the opportunity to be represented and heazd. It will be reiterated that there is reason <br />to believe that 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 Penalty in the <br />amount of $100 to $1000 for each day of violation, and/or order the permit to be suspended, modified, or <br />revoked. If you have evidence indicating that the possible violations noted above do not exist or have 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 Board's <br />order if requested. If you wish to do so, you must provide the Boazd with a written request to review the draft <br />order at or before your hearing, or you may request to review the draft order at the hearing. An oral request to <br />review the draft order must be made on the record during the hearing. You must include your mailing address <br />and, if possible, a fax number or a-mail address. You will be provided a copy of the draft order for your review <br />as soon as it is available. Please note that the Division has requested the opportunity to review the draft order in <br />this matter. The Boazd must receive any written comment within seven days following the mailing of the draft <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />
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