2009-10-26_ENFORCEMENT - M1991078

• Permit No: M1991078
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/26/2009
• Doc Name: RTB Letter
• From: DRMS
• To: Kiowa County
• Email Name: JLE
• 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]
October 26, 2009 -4"-
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Kiowa County 0-11 Division Director
Attention: Mr. Rick Spady Natural Resource Trustee
1305 Goff Street, P.O. Box 100
Eads, Colorado 81036
i
RE: Reason to Believe a Violation Exists at the Peters Pit; DRMS File#: M-1991-078
Dear Mr. Spady:
On October 19th, 2009 the Division of Reclamation, Mining and Safety conducted an
inspection of the Peters Pit, DRMS File Number M-1991-078, located approximately 11
miles northeast of Sugar City, Colorado in Crowley County and found the following:
The operator has disturbed land outside of the approved permit boundary.
We believe that this is a violation of C.R.S. 34-32.5-116 (4) (i) for failure to protect areas
outside of the affected land from slides or damages occurring during the mining
operation; and/or a violation of C.R.S. 34-32.5-109 (1) for failure to first obtain from
the board or office a reclamation permit prior to engaging in a new operation.
Therefore, we have reason to believe that a violation exists to DRMS File Number M-
1991-078 and to the Law, and have scheduled this matter to appear before the Mined
Land Reclamation Board.
A Enforcement Hearing will be held during the December 9th and 10th, 2009 Board
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 December 9th 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
and/or assess a Civil Penalty in the amount of $ 100.00 to $1,000.00 for each day of
violation for C.R.S. 34-32.5-116 (4) (i) or the amount of $1000.00 to $5,000.00 for each
day the land has been affected per C.R.S. 34-32.5-123 (2). If you have evidence
Office of
Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines