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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 />July 5, 2011 <br />Mr. James Cooley <br />4469 CR 108 <br />Mosca, CO 81146 <br />Dear Mr. Cooley: <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pir'feda <br />Director <br />Re: Reason To Believe a Violation Exists, File No. M- 2011 -034, Cooley Site, Scheduling of Board Hearing <br />On June 23, 2011 the Division of Reclamation, Mining and Safety (Division) conducted an inspection of a site located <br />off of Road 11 N, west of Highway 285 in response to a citizen complaint reporting an illegal mining operation. At the <br />site there was a small, recently- excavated pit, and stockpiles of rock from the pit that had been crushed. Equipment <br />onsite consisted of a loader, dozer and crusher to handle and process the materials. Also observed onsite were old piles <br />of "potato rock" that had been removed from the soil of the adjacent farm field, but from which rock had been recently <br />removed. The operator stated that materials had been crushed and removed and supplied to a school construction <br />project for use as fill and road base. <br />The Division believes this is in violation of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, C.R.S. 34- 32.5 -101 et. seq., and specifically C.R.S. 34- 32.5 - 109(1) for failure to obtain a Mined Land <br />Reclamation Board Reclamation Permit prior to engaging in a new mining operation. Therefore, the Division has <br />found reason to believe a violation exists to the Law and has scheduled this matter before the Mined Land Reclamation <br />Board (Board). <br />A Formal Public Hearing will be held during the August 10 and 11, 2011 Board meeting for consideration of a <br />possible violation. The hearing will be held at 1313 Sherman St., Room 318, Denver ,CO, beginning at 9:00 a.m. on <br />the 10 and 11` or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to <br />be 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, it may issue a Cease and Desist Order and assess a Civil Penalty in the <br />amount of $1,000.00 to $5,000.00 for each day of violation. In addition to these civil penalties, the Board shall <br />also assess a civil penalty in the amount not less than the amount necessary to cover costs incurred by the <br />Division in investigating the alleged violation. If you have evidence indicating that the possible violation noted <br />above does not exist or has been corrected, please provide it to the Division as soon as possible or bring it to the <br />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 />Office of Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />