ENFORCE26493

• Permit No: M1992017
• IBM Index Class Name: Enforcement
• Doc Date: 4/27/1998
• Doc Name: BLM WEST END PIT PN M-92-017 REASON TO BELIEVE VIOLATIONS EXIST
• From: DMG
• To: MONTROSE CNTY
• Media Type: D
• Archive: No

~ III IIIIIIIIIIIIIIII ~
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department oS Nal oral Resources ~~~~
1313 Sherman 51 .. Roam 215
Denver, Colorado 80?03
Phunc' I SI131 86fi-35fi7
FAX. i30 S) tl32-8106
DEPARTMENT OF
Apri:( 27, 1998 NATURAL
RESOURCES
Mr. Brian Wilson Rnv Romer

Montrose County Governor

P.O. Box 1289 )amen S. Lnchhead
Executive Direimr
Montrose, Colorado 81402 Michael B. LnnR
Division Dvector
RE: BLM/West End Pit, Permit No. M-92-017, Reason To Believe Violations Exist
Dear Mr. Wilson:
On January 29, 1997, and again on April 22, 1998, we conducted an inspection of the BLM/West End
Pit and found that mining operations had disturbed acreage outside the approved permit boundary,
and that unpermitted mining operations were being conducted on the site.
We F>elieve this is in violation of Section 34-32.5-116(4)(1) or Section 34-32.5-109, and Section 34-32.5-
110(1)(a)(VII) of the Colorado Land Reclamation Act for the Extraction of Construction Materials 34-
32.5-101 et. seq. (C.R.S. 1984 and 1994 SUPP.) and Permit No. M-92-017 Exhibit A (legal description)
and Exhibit C (mine plan map).
Therefore, we have found reason to believe violations exist to Permit M-92-017 and the Law and have
scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held at the May 27-28, 1998 Board meeting for consideration of
possible violation. The hearing will be held at the Best Western Rio Grande Inn and Suites, 400 East
Second Avenue, in Durango, Colorado 81301, Phone No. [phone], beginning at 9:00 a.m. or as
soon. thereafter as the matter can be considered. 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(s) at this hearing, it may issue a cease and desist order, assess a civil
penalty in the amount of $100.00 to $1000.00 for each day of violation or order the permit be
suspended, modified or revoked. Operators who mine substantial acreage beyond their approved
permit boundary may be found to be operating without a permit, which is subject to a civil penalty in
the amount of $1,000.00 to $5,000.00 per day for each day the land has been aLI'ected, not to exceed 365
day:>. 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 Steve S. Shuey at our Durango Field Office, 1474 Main
Avenue, Room 207, Durango, Colorado 81301, phone no. [phone].
Sinc:erel ,
Michael B. Lo
Director CERTIFIED MAIL NO.: Z 130 086 881
Return Receipt Requested m ,o„~a~rango~msso t~.n6