2009-01-02_GENERAL DOCUMENTS - M1991081

• Permit No: M1991081
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 1/2/2009
• Doc Name: Reason to believe a violation exists
• From: DRMS
• To: Charles Bud Keeling
• Email Name: KAP
• Media Type: D
• Archive: No

L STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203 COLOR A D O

Phone: [phone] D I V I S I O N O F
RECLAMATION
FAX: [phone] MINING

SAFETY
Bill Ritter, Jr.

Januar
2
2009 Governor
y
, Harris D. Sherman
Executive Director
Ronald W. Cattany
Mr. Sam M. Keeling Jr Division Director
J Charles Bud Keeling Natural Resource Trustee
P.O. Box 361
LaVeta, CO, 81055
./
Re:
Reason to Beliea Violation Exists; Charles Bud Keeling;
DRMS File No. M-1991-081; Keeling Pit
Dear Mr. Sam Keeling Jr.:
On December 2, 2008, the Division of Reclamation, Mining, and Safety (Division) sent out a letter
regarding a hearing before the Mined Land Reclamation Board on January 7, 2008, for failure to
maintain sufficient financial warranty to assure the completion of reclamation on the affected land, and
for failure to submit a financial warranty within 60 days of adjustment. The Division does have a check
for the required surety increase amount, but has been unable to apply the monies toward the bond
because a succession of operator application that was filed on April 18, 2008 has not been completed,
despite multiple attempts by the Division to acquire the deficiencies to the application. A final attempt
to contact and resolve the outstanding issues was made by the Division on December 10, 2008.
Therefore, the Division is continuing the item previously scheduled for the January 7, 2008 hearing and
is rescheduling a possible violation hearing item for the February 11 & 12, 2009 regarding the
increased financial warranty amount for the Keeling Pit, File M-1991-081 from $10,000.00 to
$16,663.00, based on conditions observed during an inspection of the site conducted on October 29,
2007.
The Division believes this is a possible violation of C.R.S. 34-32.5-117(4)(b)(I) for failure to maintain
sufficient financial warranty to assure the completion of reclamation on the affected land, and C.R.S. 34-
32.5-117(4)(c)(II) for failure to submit a financial warranty within 60 days of adjustment. A Formal
Public Hearing will be held at the January 7 and 8, 2009 MLRB meeting for consideration of a possible
violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado beginning
at 9:00 a.m. on February 11th and February 12th 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 $100.00 to $1000.00 for each day of violation. If you have evidence indicating
that the possible violations noted above do not exist or has been corrected, please provide it to us as soon
as possible or bring it to the hearing.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines