ENFORCE26044

• Permit No: M1978056
• IBM Index Class Name: Enforcement
• Doc Date: 1/24/2003
• Doc Name: Reason to Believe a Violation Exists
• From: DMG
• To: Varra Companies Inc.
• Media Type: D
• Archive: No

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STATE OF COLQRADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
January 24, 2003
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAfE7Y
Bill Owens
MY. Chr15 Vazra Governor
V arra Companies, Inc. Greg E. Walther
8120 Gage Street Executive Direttor
Frederick, CO 80516 Ronald W. Cottony
Acting Division Director
RE: Durham -Pit 117, Reason to Believe a Violation Exists, Permit No. M-1978-056
Enforcement - Ol/?Al03 RTB Letter (Failure to Follow Reclamation Plan)
Dear Mr. Varra:
On January 9, 2003 the Division of Minerals and Geology conducted an inspection of your operation and found the following:.
pit de-watering with off-site discharge of mine water and dry mining methods in [he Phase III-A and Phase. N-A portions of the
permit azea. The approved mine plan specifies wet mining methods and no pit de-watering or off-site discharge of mine waters.
We believe this is in violation of Section 34-32.5-116(1) of the Colorado Land Reclamation Ac[ for [fie Extraction of Consvuc[ion
Materials for faihue to perform the reclamation prescribed by the reclamation plan.
Therefore, we have reason to believe that a violation exists to Permit No. M-1978-056 and to the Law, and have scheduled this matter
before the Mined Land Reclamation Board. ~ ~..
A Formal Public Heazing will be held during the Februazy 26-27, 2003 Board meeting for consideration of possible violation. The
hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m. on Februazy 26, 2003 and at
9:00 a.m. on Februazy 27, 2003. Depending on the day that your heazing is scheduled, this matter will begin at those times or as soon
thereafter as the matter can be considered. At [hat hearing you will have [he opportunity to be represented and heazd. I[ will be
reiterated [hat [here is reason to believe that you aze in violation of the provisions noted above.
If the Board finds a violation at this heazing, it may issue a Cease and Desist order, assess aCivil-Penalty in the: amount of $100 to
$1000 for each day of violation, or order [he permit to be suspended, modified, or revoked. In addition it may set the matter for
consideration of forfeiture of the $37,800 financial warranty a[ a subsequent hearing. 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 [he hearing.
If you have questions, please contact Tom Schreiner at [phone].
Si~ ,
G24sC~-G~".r ~~~ti~•~
Ronald W. Cottony __ (/
Division Director
Cc: Cazl Mounf DMG (E-mail)
Certified Mail Return
ReceipLRequest No. 7099 3400 0013 9901 5880