2012-02-14_ENFORCEMENT - M2000089

• Permit No: M2000089
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/14/2012
• Doc Name: REASON TO BELIEVE LETTER
• From: DRMS
• To: IGNACIO VASQUEZ
• Email Name: MAC
• Email Name: TAK
• 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]
February 14, 2012
Ignacio Vasquez Sr.
P.O. Box 938
Lyons, CO 80540
RE: Reason to Believe a Violation Exists at the Perdue Site; DRMS File No. M- 2000 -089
Dear Mr. Vasquez,
Therefore, the Division has found reason to believe a violation exists to Permit M- 2000 -089 and has
scheduled this matter before the Mined Land Reclamation Board.
Office of
Mined Land Reclamation
STATE OF COLORADO
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAFETY
John W Hickenlooper
Governor
Mike King
Executive Director
Loretta E Pineda
Director
In the Board Order dated December 9, 2011, the Mined Land Reclamation Board found Ignacio Vasquez
Sr. to be in violation of §34- 32.5- 116(4)(i), C.R.S., for failing to protect areas outside of the affected land
from slides or damages occurring during the mining operation. You were ordered to complete the
following corrective action:
1) The Operator shall provide all materials necessary for a 112c conversion application to secure a
reclamation permit for all areas affected by the mining operation within 60 days of the effective date
of the Order.
The Board imposed a civil penalty of $100 per day for 42 days of violation for a total civil penalty of
$4,200. All but $200 of the penalty was suspended if the Operator complied with corrective action in the
time specified. The portion of the civil penalty not suspended, $200, was due and payable within 30 days
of the effective date of the Order.
The Division received the unsuspended portion of the civil penalty ($200) on January 9, 2012. However,
the Division has not received the 112c conversion application required to secure a reclamation permit for
all areas affected by the mining operation. As a result, the Division believes you are in violation pursuant
to C.R.S. 34- 32.5 -124 and C.R.S. 34- 32.5- 118(1)(b), for failure to comply with the conditions of an order.
A Formal Public Hearing will occur at the April 11 -12, 2012 Board meeting for consideration of the
possible violation, as referenced above. Pursuant to C.R.S. 34- 32.5 -118, if the Board determines that you
have violated the December 9 2011 Board Order or that you are in default under your performance
warranty the Board may rule that your Financial Warranty is subject to forfeiture.
Pursuant to Rule 4.20, if the Board concludes that your Financial Warranty is subject to forfeiture, the
Board will notify you and all financial warrantors of a second hearing. At that second hearing, the Board
will consider whether your Financial Warranty should be forfeited and grant you and all financial
warrantors the right to appear before the Board. At the second hearing, the Board may withdraw or
modify any determination that the warranty is subject to forfeiture, settle or compromise the
Office of
Denver • Grand Junction • Durango Active and Inactive Mines