2012-11-08_ENFORCEMENT - M2000041

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DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone (303) 866 -3567 FAX: (303) 832 -8106 November 8, 2012 Mr. John P. Ary Fremont Paving & Redi -Mix Inc. 839 Mackenzie Ave Canon City, CO 81212 Dear Mr. Ary: Re: Evans #2 Pit, DRMS File No. M- 2000 -041 Reason to Believe a Violation Exists at the Evans #2 Pit Mining outside the approved permit area STATE OF COLORADO On July 27, 2012, the Division of Reclamation, Mining and Safety (Division /DRMS) conducted an inspection of the Evans #2 Pit and found the following: Based on the findings of the inspection we believe this is a violation of: Violations of a permit are also enforceable pursuant to C.R.S. § 34- 32.5 -124. Mined Land Reclamation COLORADO D I V I S I O N O F RECLAMATION MINING — &— SAFETY John W. Hickenlooper Governor John W. Hickenlooper Governor Mike King Executive Director Loretta E. Pineda Director The Operator has conducted mining operations outside the approved permit area, as described in the Division's report from the inspection. • 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 and • C.R.S § 34- 32.5- 116(4)(j) for failure to protect areas outside the affected land from slides or damage occurring during the mining and reclamation operation. Therefore, we have reason to believe that a violation exists to DRMS File Number M- 2000 -041 and to the Mined Land Reclamation Act, C.R.S. § 34- 32.5 -101 et. seq., and have scheduled this matter to appear before the Mined Land Reclamation Board. An Enforcement Hearing will be held during the December 12 and 13th, 2012 Board Meeting for consideration of these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. on December 12th 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 $1000.00 to $5,000.00 for each day of violation of C.R.S 34- 32.5 - 109(1). If Office of Office of Denver • Grand Junction • Durango Active and Inactive Mines