ENFORCE30923

• Permit No: M1986007
• IBM Index Class Name: Enforcement
• Doc Date: 8/3/2000
• Doc Name: NOTICE OF REASON TO BELIEVE A POSSIBLE VIOLATION EXISTS FOR DISTRUBANCE OUTSIDE THE PERMIT BOUNDARY
• From: DMG
• To: MASONVILLE EXCAVATING
• Media Type: D
• Archive: No

III IIIIIIIIIIIII III ~F COLORADO
DIVISION OF MINERALS AND GEOLOGY 999
Department of Na[ural Resources
1317 Sherman St.. Room 215
~ DIVISION o F ;
Denver, Colorado 80:03 MINERAL S
Phone: [phone]
FA%: U03) 832-8106 &
GEOLOGY
August 3, 2000 atcrAnArloN'
HINING•SAFETY
Glenn Southwick

Masonville Excavating Bill Owens
covernnr
220 W. County Road 84, P.O. Box 1103 creg E. warner
Masonville, CO 80549 Executive Director i
Michael 8. long
Divis~an Dhenor
RE: Notice of Reason to Believe a Possible Violation Exists for Disturbance Outside the Permit
Boundary; File No. M-1986-007
Dear Mr. Southwick:
On June 29, 2000, the Division of Minerals and Geology (DMG) conducted an inspection of your property
and found.the following: that 0.2 acres outside the permit boundary has been disturbed, and damage was
occurring to slopes off the site. A field Cease and Desist Order was not issued because it was not cleaz, at
that time, whether the damage had occurred due to your mining operation. Since then, historic information
has been reviewed, and the Division now believes that the disturbance is due your the mining operation.
We believe this activity may be a possible violation of: C.R.S. 34-32.5-116(4)(1) for failure to protect areas
outside the affected land from slides or damage occurring during the mining operation and reclamation.
Therefore, we have reason to believe that a violation exists to the Law, and have scheduled this matter
before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the September 27-28, 2000 Boazd meeting for consideration
of the possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver,
Colorado, beginning at 9:00 a.m. 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 a[ this hearing, it may issue a Cease and Desist order, assess a Civil Penalty in
the amount of $100.00 to $1,000.00 for each day of violation, in accordance with C.R.S. 34-32.5-123(2)
and C.R.S. 34-32.5-124(7). The Board may also order that an amendment to the permit be obtained from
the Division of Minerals and Geology, and adequate financial wartanty posted for the curtent disturbance.
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 Christina Kamnikar at [phone].
Sincerely,
MICHAEL ONG
Division Director
MBUCLK
CERTIFIED MAIL- NO. P 436 789 359
Retum Receipt Requested