2009-08-28_ENFORCEMENT - M1984043

• Permit No: M1984043
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/28/2009
• Doc Name: Notice of Possible Violations
• From: DRMS
• To: Pelino, Inc.
• Email Name: PSH
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
q/ August 28, 2009
?SAA
COLORADO
D I V IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Scott Pelino
? Ronald W. Cattany
Pelino, Inc. Division Director
33551 CR 361 Natural Resource Trustee
Buena Vista, Colorado 81211
RE: Jesse Lee; Permit No. M-1984-043
./Notice of Possible Violations - Failure to Comply with a Board Order and Mining Without
a Permit
Dear Mr. Pelino:
On July 12, 2006 the Colorado Mined Land Reclamation Board (Board) found Pelino, Inc. (Operator) in
violation of C.R.S. 34-32.5-109(1) for engaging in mining without a permit. The Board ordered the
Operator to cease all mining activities outside of the approved permit boundaries until the entire site was
permitted and ordered the Operator to obtain approval of a Section 112c Reclamation Permit for the
entire operation by January 23, 2007.
On January 29, 2007 the Division of Reclamation, Mining and Safety (Division) approved a 112c
conversion application (CN-01) for the Jesse Lee permit and notified the Operator of a financial
warranty increase from $16,000 to $52,000. To date the Division has not received the required financial
warranty increase.
On July 17, 2009 the Division inspected the Jesse Lee site in response to a routine file review which
indicated the financial warranty for the 1 l Oc to 112c permit conversion (CN-01) had not been submitted
within one year of the conversion approval as required by Rule 4.1(2). Evidence of mining activities
outside of the approved permit boundaries were observed during the inspection. Specifically, scale
construction and a processing plant, stockpiled material and highwall excavation within the conversion
area.
Therefore, the Division believes the Operator to be in possible violation of the Colorado Land
Reclamation Act for the Extraction of Construction Materials (Act), specifically: C.R.S. 34-32.5-124(1)
for failure to comply with the conditions of an order, permit or regulation, Rule 3.3.2(1) of the
Construction Materials Rules and Regulations for Operating With a Permit - Failure to Comply and
C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit prior to engaging in a new
operation.
The Division has scheduled this matter before the Mined Land Reclamation Board.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines