Laserfiche WebLink
telephone interviews, the Division has concluded that there is not enough direct <br />evidence that there was a violation of the Regulations concerning blasting flyrock. <br />Therefore, the Division will not issue a notice of violation concerning flyrock. <br />However, the Division will continue discussions with the operator concerning <br />blasting procedures at the Bowie No. 2 Mine. Additional information is being <br />gathered concerning blasting records, blaster certification and public notification <br />procedures for blasting. If irregularities are discovered in this information, the <br />Division will consider enforcement actions, if appropriate. The Division also will <br />continue to monitor blasting procedures at the mine site during our normal <br />inspections and, of course, be interested in hearing from the public of any concerns <br />that may arise in the future; <br />5. The issue of the excessive dust coming off of the Bowie No. 2 mine site was <br />examined during the Divisioh's citizen's complaint inspection and also was turned <br />over to the appropriate gove~ing authority, the Colorado Department of Public <br />Health and Environment (C PHE). The question of whether or not a violation has <br />or is occurring will be handl~d by the CDPHE. They already have been notified of <br />the citizen complaint, a copy of which has already been forwarded to the citizen <br />filing the complaint and to Blowie No. 2 Mine. Also, a copy of this Division's <br />inspection report will be forwarded to the CDPHE. As with the blasting flyrock <br />issue, this Division will cont~nue to monitor the dust situation in the Bowie No. 2 <br />Mine site locale and will inf rm the CDPHE if any problems occur; <br />6. The citizen who filed the co~plaint has certain rights of review concerning the <br />Division's decision not to to a enforcement action. Regulation 5.02.5(5) reads: <br />"Any person who has req ~ ested an inspection may request in writing <br />that the Administrator informally review the Division's decision either <br />not to inspect or not to tm <br />inspection with respect to <br />Administrator shall cond: <br />in writing to both the per: <br />violator within 30 days o~ <br />for review. Informal reviE <br />to formal review under 3~ <br />under 34-33-l35 of the A. <br />enforcement aelion on the basis of an <br />,y violation alleged by that person. The <br />the informal review and report the results <br />= requesting the review and the alleged <br />~e Administrator's receipt of the request <br />under 5.02.5(5) shall not affect any right <br />3-124 of the Act or to a citizen's suit <br />The Administrator is Michael Long the Director of the Division of Minerals and <br />Geology. <br />