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2009-05-07_GENERAL DOCUMENTS - M1980246
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2009-05-07_GENERAL DOCUMENTS - M1980246
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Last modified
8/24/2016 3:46:17 PM
Creation date
5/8/2009 7:38:19 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1980246
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
5/7/2009
Doc Name
Reason to believe a violation exists
From
DRMS
To
Anthony Zellitti
Email Name
KAP
Media Type
D
Archive
No
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?/Z- <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />?May 7, 2009 <br />STATE OF COLORADO <br />COLORADO <br />D I V IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Mr. Anthony Zellitti Harris D. Sherman <br />2001 CR 300 Executive Director <br />Ronald W <br />W. Cattany <br />Durango, CO 81301 <br />/ Division Director <br />Natural Resource Trustee <br />Re: Reason To Believe a Violation Exists, Scheduling of Board Hearing, Permit No. M-1980-246, Zellitti Pit <br />Dear Mr. Zellitti: <br />On April 28, 2009 the Division of Reclamation, Mining and Safety (Division) conducted an inspection of the proposed <br />Zellitti Pit based on a report by Hocker Construction that mining had occurred outside of the approved permit <br />boundary. Approximately two acres of mining related disturbance was observed outside of the approved permit <br />boundary. <br />The Division believes this is in violation of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, specifically: C.R.S 34-32.5-109(1) for failure to first obtain a permit prior to engaging in a new operation or <br />C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside the affected land from slides or damage during the mining <br />and reclamation operation. Therefore, the Division has found reason to believe a violation exists to the Law and has <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the June 10 &11 2009 Board meeting for consideration of a possible <br />violation. The hearing will be held at 1313 Sherman St., Rm 318, Denver,CO, beginning at 9:00 a.m. on the 10th and <br />11 h, or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be <br />represented and heard. It will be reiterated that there is reason to believe that you are in violation of the provisions <br />noted above. <br />If the Board finds a violation at this hearing for failure to first obtain a permit prior to engaging in a new operation, it <br />may issue a Cease and Desist Order, and assess a civil penalty in the amount of $1000 to $5000 for each day of <br />violation. If the Board finds a violation at this hearing for failure to protect areas outside the affected landfrom slides <br />or damage during the mining and reclamation operation, it may issue a Cease and Desist Order assess a civil penalty in <br />the amount of $100 to $1000 for each day of violation and order the permit be suspended, modified, or revoked. If you <br />have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it <br />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 order if <br />requested. If you wish to do so, you must provide the Board with a written request to review the draft order at or <br />before your hearing, or you may request to review the draft order at the hearing. An oral request to review the draft <br />order must be made on the record during the hearing. You must include your mailing address and, if possible, a fax <br />number. You will be provided a copy of the draft order for your review as soon as it is available. Please note that the <br />Division has requested the opportunity to review the draft order in this matter. The Board must receive any written <br />comment within seven days following the mailing of the draft order, unless that deadline is extended for good cause. <br />Submit all comments in writing to Jillian Allison, Assistant Attorney General, 1525 Sherman Street, Denver, CO <br />80203, telephone no. (303) 866-4395, fax no. (303) 866-5671. The Board will resolve any issues regarding the form of <br />the order. This process does not affect your right to request reconsideration by the Board or appeal the substance of <br />the order. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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