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2012-01-19_ENFORCEMENT - M1982121
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2012-01-19_ENFORCEMENT - M1982121
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Last modified
8/24/2016 4:47:40 PM
Creation date
1/23/2012 7:57:48 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1982121
IBM Index Class Name
ENFORCEMENT
Doc Date
1/19/2012
Doc Name
RTB Letter
From
DRMS
To
CalX Minerals, LLC
Email Name
DMC
SSS
Media Type
D
Archive
No
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/DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />January 19, 2012 <br />Peter Babin <br />,/CaIX Minerals, LLC <br />2080 W. Hamilton Place <br />Sheridan, CO <br />80110 <br />Dear Mr. Babin: <br />Office of <br />Mined Land Reclamation <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. Pineda <br />Director <br />RE: Mid - Continent LST, Permit No. 01982-121, Reason to Believe a Violation Exists — Failure to <br />Provide Required Financial Warranty <br />On November 2, 2011 the Division of Reclamation, Mining and Safety (Division) mailed notice to you <br />requiring a financial warranty increase in the amount of $81,653.00 be submitted within 60 days for the <br />above noted operation. To date, the required additional financial warranty has not been submitted to the <br />Division. <br />Therefore, the Division has reason to believe the Operator is in violation of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials (Act), specifically: C.R.S. 34-32.5- <br />117(4)(c)(11) and Rule 4.2.1(2) of the Construction Materials Rules and Regulations for failure to post <br />required financial warranty within sixty (60) days of the date of notice of adjustment. <br />A Formal Public Hearing will be held during the March 14 -15, 2012 Mined Land Reclamation Board <br />(Board) meeting for consideration of the possible violation. The hearing will be held in Room 318 of <br />1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be <br />considered. You will have the opportunity to be represented and heard. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty <br />in the amount of $100.00 to $1000.00 for each day of violation, and/or order the permit be suspended, <br />modified or revoked. <br />If you have evidence indicating that the possible violation(s) noted above do not exist or have been <br />corrected, please provide it to the Division as soon as possible or bring it to the hearing. <br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's <br />order before it becomes final. If you wish to do so, you must provide the Board with a written request to <br />review the draft order prior to or at the time of your hearing, or you must inform the Board orally during <br />the hearing that you request to review the draft order. You must include your mailing address and, if <br />possible, a fax or email address. You will be provided a copy of the draft order by e-mail for your review <br />as soon as it is available, unless a hard copy by mail is requested. The Board's attorney must receive your <br />comments on the draft order within three calendar days of the date the draft order is e- mailed, unless that <br />deadline is extended by the Board's attorney. Submit all comments in writing, by e-mail or fax, to Mr. <br />Office of <br />Denver • Grand (unction • Durango Active and Inactive Mines <br />
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