2009-12-11_REVISION - M1984043

• Permit No: M1984043
• IBM Index Class Name: REVISION
• Doc Date: 12/11/2009
• Doc Name: Notice of hearing to reconsider the approval of CN-01
• From: DRMS
• To: Pelino, Inc.
• Type & Sequence: CN1
• Email Name: PSH
• Media Type: D
• Archive: No

./DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313,Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
?eceniber 11, 2009
Scott Pelino
Pelino, Inc.
P.O. Box 5049
33551 CR 361
Buena Vista, Colorado 81211
1
COLORADO
D I V IS I O N O F
RECLAMATION
MINING

SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Jesse Lee; Permit No. M-1984-043
Notice of Hearing to Reconsider the Approval of Conversion No. 1
Dear Mr. Pelino: C?'o
On November 12, 2009 the Colorado Mined Land Reclamation Board (Board) found Pelino, Inc.
(Operator) in violation of C.R.S. 34-32.5-109(1) for failure to obtain a reclamation permit prior to
engaging in a new mining operation. Further, the Board found the Operator in violation of C.R.S 34-
32.5-124(1) and Construction Rule 3.3.2(1), for failure to comply with the conditions of a Board
Order.
The Board upheld the Cease and Desist Order issued during the July 12, 2006 Board hearing
prohibiting any further mining activities on the unpermitted portions of the site, except for reclamation
activities as specified in the approved reclamation plan, until the Operator complies with this Board
Order.
The Board ordered the following corrective actions:
1. The Operator shall provide all the materials required to allow Board consideration of the
previous approval of Conversion Application No. 1 to Permit M-1984-043 at a hearing to be
held in accordance with the notification and comment provisions of Construction Rule 1.6
within 90 days of the signature date of the Board Order.
2. The Operator shall post the required 112c conversion Financial Warranty increase of $36,000
within 60 days of the signed Board Order.
The Board ordered the Operator to pay a civil penalty of $52,000 plus $1,699.20 based on 30 hours of
staff time at $56.64 per hour, for a total civil penalty of $53,699.20 with all but $2,000 suspended if
the corrective actions are completed. The unsuspended portion of the civil penalty, $2,000, shall be
submitted within 60 days of the signature date of this Board Order.
Per Rule 4.1(2), no permit may be issued pursuant to the Act until the Board or Office receives and
approves the Performance and Financial Warranties required herein. If these Warranties are not
received within one calendar year of approval of an application for any new permit, amendment or
conversion, the Board shall hold a hearing, in accordance with the notification and comment
provisions of Rule 1.6, to reconsider the previous approval.
STATE OF COLOMDO
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines