2013-07-11_ENFORCEMENT - M2013040

• Permit No: M2013040
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/11/2013
• Doc Name: RTB Letter
• From: DRMS
• To: Mr. Richard Fretterd
• Email Name: AJW
• Email Name: TAK
• Email Name: TCW
• 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]
July 3, 2013
STATE OF COLORADO
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COLORADO
D I V IS I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mr. Richard Fretterd 4 ( j _ Mike King
��— I005 i . I__.r! [QzA kA. v Executive Director
Woodland Park, CO 8086f3 Loretta Pineda
Director
RE: Reason to Believe a Violation Exists at God Send, Raspberry Patch, Petra, Ace in
the Hole Claims; DRMS File No. M- 2013 -040
Dear Mr. Fretterd,
The Division of Reclamation, Mining and Safety (Division) has been made aware of your claims
being worked in connection with the Prospectors television show during the 2012 -13 season and
found the following:
Creating a disturbance and extracting minerals to sell without a DRMS reclamation pen-nit.
Based on the findings we believe that this is a violation of:
• C.R.S. 34 -32- 109(7) for failure to first obtain from the board or office a reclamation
permit prior to engaging in a new operation.
• C.R.S. 34- 32- 113(1) for failure to first obtain from the board or office a notice of
intent to conduct prospecting operations prior to entry upon lands.
Therefore, we have reason to believe that a violation exists to DRMS File Number M- 2013 -040
and to the Law, and have scheduled this matter to appear before the Mined Land Reclamation
Board.
A Formal Public Hearing will be held during the August 14 I and 15th, 2013 Board Meeting for
consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman
Street, Denver, Colorado, beginning at 9:00 a.m. on August 14 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 $ 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
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines