ENFORCE22741

F.~-~-e
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203 ~ D I v I s t o N O F
Phone; [phone] M I N E IZA L$
FAX: [phone] j &
G E O L O G Y
December 17, 2002 RECLAMATION
MINING•SAFETY
J
Mr. Markus Herzog
P.O. Box 5915 sill Owens
Hilo, Hawaii 96720-8915 Governor
Greg E. Walther
Executive Director
RE: Reason to Believe a Violation Exists For F
Itt`lure to Obtain a Reclamation Permit Prior to Engaginp
in
~
New O station DMG File # M-2002-097; Sierra Mo'ada Subdivision
P J ~
onal w. canany
Acting Division Director
Dear Mr. Herzog:
On September 11, 2002 and December 12, 2002 [he Division of Minerals and Geology conducted an inspection o f a
mining site in the Sierra Mojada South subdivision and found the following:
1. A gravel mining excavation and adjacent processed gravel stockpile.
2. Evidence that material had recently been removed from the stockpile and apparently hauled off-site.
3. Very little evidence of appropriate reclamation activities for the excavated site.
We believe [hat this is a violation of C.R.S. 34-32.5-109(1) for failure to obtain a reclamation permit prior to engaging
in a new mining operation.
Therefore, we have reason to believe that a violation exists to DMG File Number M-2002-097 and to [he Law, and have
scheduled this matter to appear before the Mined Land Reclamation Board.
A Formal Public Hearing will be held dwing the January 22-23, 2003 Boazd Meeting for consideration of a possible
violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m.
on January 22nd or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to
be represented and heazd. It will be reiterated that there is reason to believe that you are in violation of the provisions
noted above.
If the Boazd fmds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the
amount of $ 100.00 to $1,000.00 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.
If you have any questions, please contact Tony Waldron at [phone].
~lY, ~~_ _
Ronald W. Cattany /
Division Director
Encloswe(s)
Co: Tony Waldron-DMG
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