Laserfiche WebLink
._~__. r ! III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION Of MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1713 Sherman 51.. Room 215 <br />Denver, Colorado 80203 <br />Phone: 1303) 866-3567 <br />FAx: 1303) 8328106 <br />July 25, 2000 <br />Mr. Randy Perdue <br />I~OR YOUR CORRESPOi~D[i~CE FIL,: <br />~~ <br />DIVISION OF <br />MINERALSI <br />GEOLOGYI <br />RECLAMATION <br />MINING•SAFETY I <br />P.O. Box 81 I sill ovens <br />Lyons, Colorado 80540 cnvernor <br /> Greq E. Walchc~ <br /> &eculrvc Director <br />RE: Randy Perdue; Perdue Quarry File No. M-2000-089 Michael B. Long <br /> Division D~reaor <br />Dear Mr. Perdue: <br />On July 6, 2000 the Division conducted an aerial inspection to determine if mining is taking place on your property located <br />in Township 3N, Range 70 West, Section 5 of the 6`" Principal Meridian. The following was noted: <br />The site was flown at 11:00 a.m. on July 6, 2000 after the Division was denied access to the site to conduct a ground <br />inspection. The plane was approximately2,000 [0 3,000 feet above the ground surface. A number of photographs were taken <br />[hat were transposed to slides and enlarged to determine if rock quarrying is taking place. The area of disturbance ranges <br />from 0.5 acre to 1 acre in size. A number of pallets can be depicted in the aerial photographs, near the area of excavation. <br />In addition, a number of trailers and/or buildings are present on site. Based on the aerial inspection, is appears that mining <br />is taking place. The Division believes this may be considered a mining operation under C.R.S. 34-32.x-103(1) and C.R.S. <br />34-32.5-103(13) and may require a mining and reclamation permit. <br />Based on the evidence noted above, a violation may have occurred for failure to firs[ obtain a reclamation permit prior to <br />engaging in a new operation. We believe this is in violation of 34-32.5-109(1) of the Colorado Revised Statutes, commonly <br />referred to as the Colorado Land Reclamation Act for [he Extraction of Construction Materials, and Rule 1.2.3 of the <br />Construction material Rules and Regulations. Therefore, we have reason to believe[hat a violation exists for mining without <br />a permit, and [o the Law, and have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the September 20-21, 2000 Board meeting for consideration of possible <br />violation. The hearing will be held in Roam 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 am. or as soon <br />thereafter as the mattercan be considered. At [hat hearing you will have the opportunity to be represented and heard. !twill <br />be reiterated that there is reason to believe that you are in violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the amount of <br />$1000.00 to $5000.00 for operating without a permit for each day of violation. If you have evidence indicating that the <br />possible violations noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it [o <br />the hearing. <br />!f you have any questions, please contact Carl Mount or Erica Crosby. <br />Sincere) <br />ICHAEL B. ONG <br />Division Director <br />CERTIFIED MAIL NO. Z 192 124 259 (Return Receipt Requested) <br />cc: Bruce Humphries. Carl Mount; Erica Crosby; DMG <br />Cheryl Linden; AGO <br />John W. McKendree- Law Office ofJohn W. McKendree CERTIFIED MAIL NO. Z 192 124 260 <br />