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2013-03-14_ENFORCEMENT - M2013014 (2)
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2013-03-14_ENFORCEMENT - M2013014 (2)
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Last modified
8/24/2016 5:14:56 PM
Creation date
3/15/2013 3:02:43 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2013014
IBM Index Class Name
ENFORCEMENT
Doc Date
3/14/2013
Doc Name
RTB LETTER
From
DRMS
To
Kit Carson County Road and Bridge
Email Name
AJW
TAK
ECS
Media Type
D
Archive
No
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r <br />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 />March 14, 2013 <br />Kit Carson County Road and Bridge <br />P. O. Box 160 <br />Burlington, CO 80807 <br />Re: Kit Carson Illegal Site, DRMS File M- 2013 -014 <br />Reason to Believe a Violation Exists <br />Dear Sir or Madam: <br />STATE OF COLORADO <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />On March 13, 2013, the Division of Reclamation, Mining and Safety (Division/DRMS) conducted an <br />inspection of this site based on information provided by Kit Carson County (self reported) and found the <br />following: <br />The Operator failed to first obtain a reclamation permit from the Mined Land Reclamation Board <br />before engaging in a new mining operation. <br />Based on the findings of the inspection we believe this is a violation of: <br />• C.R.S. § 34- 32.5- 109(1) <br />Therefore, we have reason to believe that a violation exists to the Mined Land Reclamation Act, C.R.S. <br />§34- 32.5 -101 et. seq., and specifically C.R.S § 34- 32.5- 109(1) and have scheduled this matter to appear <br />before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the April 17 -18, 2013 Board Meeting for consideration of <br />these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br />Colorado, beginning at 9:00 a.m. on April 17 or as soon thereafter as the matter can be considered. At <br />that hearing you will have the opportunity to be represented and heard. It will be reiterated that there is <br />reason to believe that you are in violation of the provisions noted above. <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAF ETY <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil <br />Penalty in the amount of $ 1,000.00 to $5,000.00 for each day of violation. If you have evidence <br />indicating that the possible violation noted above does not exist or has been corrected, please provide it to <br />us 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 fmal. 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 />Office of <br />Mined Land Reclamation <br />Office of <br />Denver • Grand )unction • Durango Active and Inactive Mines <br />
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