GENERAL31889

• Permit No: M2004044
• IBM Index Class Name: General Documents
• Doc Date: 8/20/2004
• Doc Name: Request of August 10 2004
• From: DMG
• To: City of Brighton
• Media Type: D
• Archive: No

STATE OF
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
t313 Sherman 5L, Room 215
Oenver, Colorado 80203
Phone; [phone]
fAX: [phone]
August 20, 2004 f
The Honorable Janice E. Pawlowski
City of Brk~ton
22 South 4 Avenue
Brkghtori, C~ $0601
RE: Pem3it File No. M1991-140
Deaz Mayor Pawlowski:
OLORADO
I V I S I O N O f
LIN&RALS
EOLOGY
CIANATION•NIN ING
enl owau
covemor
/ Russell Cxmge
I:xecutlve olnxtor
0.tmald W. Cottony
Dlvisbn Ditttttt
Natlxal Resource rnWee
M2004-044, uest of August l0a', 2004
Thank you fow yow comspondence of August lOs`, 2004, concerning issues regarding File No.
M1991-140, the Tucson Resources Sand and Gravel Mine, and File No. 2004-044 both operated
or under application by Aggregate Industries.
In your letter you requested that the Division put a hold an permit application file M2004-044
until all non-compliant conditions at the Tucson Mine site, M1991-140 are corrected. The
Division at this time has taken no actions.
The Division has made only a partial inspection of the Tucson Mine site at this time. We will be
revisiting the site again in order to fully address the issues you raised in yow letter. You will
receive an inspection report from the Division once we have completed our inspections.
If we find the operator to be innon-compliance, we have a couple of enforcement options. We
may &st any non-compliance as a problem and place the operator under a compliance schedule.
No violation(s) would be found unless the operator failed to correct the non-compliant
situation(s) by the specified corrective action date(s).
Alternatively, we could issue a "Reason to Believe" letter that a violation(s) exists and schedule
the matter(s) for a Board hearing. At that hearing the Board would decide if the operator was
indeed in violation(s) and issue a civil penalty or penalties, possible cease and desist order(s),
and corrective action date(s) by which the violation(s) must be corrected. If the operator corrects
the non-compliant situation(s) prior to the scheduled Board date, the Division has the option to
withdraw the item(s) from the Boazd's agenda
Statutorily, the only provision for the Division or the Mined Land Reclamation Board (Board) to
put a hold on an application that is in process is for the Board to find the operator in violation of
its approved permit, ow Rules or State Statute. If such a violation should exist, then the Division
and the Board must not approve the pending application. There is no evidence at this time for the
Division to take the operator before the Board) for a possible violation(s).
Office o/ Office of Colorado
Minh Land Reclamation Active and Inactive Mines Ceologiwl Survey