2013-02-05_ENFORCEMENT - M2012048 (2)

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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 February 5, 2013 Kit Carson County Road and Bridge P. O. Box 160 Burlington, CO 80807 Re: Pickard Pit, DRMS File No. M- 2012 -048 Reason to Believe a Violation Exists at the Pickard Pit Dear Sir or Madam: STATE OF COLO[tAD0 John W. Hickenlooper Governor Mike King Executive Director Loretta E Pineda Director On January 24, 2013, the Division of Reclamation, Mining and Safety (Division /DRMS) conducted a pre - operation inspection of the Pickard pit and found the following: The Operator failed to first obtain a reclamation permit from the Mined Land Reclamation Board before engaging in a new mining operation. Based on the findings of the inspection we believe this is a violation of: • C.R.S. § 34- 32.5- 109(1) Therefore, we have reason to believe that a violation exists to the Mined Land Reclamation Act, C.R.S. §34- 32.5 -101 et. seq., and specifically C.R.S § 34- 32.5- 109(1) and have scheduled this matter to appear before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the March 13 -14, 2013 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 March 13th 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. COLORADO D I V I S I O N O F RECLAMATION MINING — &— SAFETY 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 $ 1,000.00 to $5,000.00 for each day of violation. If you have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing. Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before it becomes final. If you wish to do so, you must provide the Board with a written request to review the draft order prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you request to review the draft order. You must include your mailing address and, if possible, a fax or email address. You will be provided a copy of the draft order by e -mail for your Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines