ENFORCE32712

• Permit No: M2000092
• IBM Index Class Name: Enforcement
• Doc Date: 7/27/2000
• Doc Name: CITY OF WALSENBURG GRAVEL PIT FN M-2000-029 REASON TO BELIEVE A VIOLATION EXISTS
• From: DMG
• To: CITY OF WALSENBURG
• Media Type: D
• Archive: No

• ~II II~II~II~~~~~ II~ ~
STATE, OF COLORADO
DIVISION OF MINERALS AND GEOLOGl'
Deparlmenl of Natural Resources
177 J Sherman SI., Room ? I i
Denier, Colorado 80'_03
Phone: [phone]:
FAY. (3031 83'_8706
July 27. 2000
~` > ,•- -
C~C V~~ 7 ~c, ?;YLjF't~. ~i:i L.i~= tI~C
Mr. H. C. Summers, III, City Finance Director
City of Walsenburg
525 S. Albert
Walsenburg, CO 81089
~~
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAF ETT
BJI Ovens
Governor
Greg E. Walther
E <ecwive Director
r.t,chael 8. long
Dwivon Dueaor
RE: City of ~Valsenburg Gravel Pit (File No. NI-2000-092) Reason To Believe a 1'iolation Exists
Dear Mr. Summers:
It has come to our attention that you are condttctin~ an unpermitted mining operation at the
above-described location.
All minins operators are required to obtain mining and reclamation penrtits for their mining operations in
Colorado by the Cclorado Mined Land Reclamation Act, C.R.S. 34-32.5 101 et se ., and specifically,
C.R.S. 34-32.5-109(1), as amended.
The Division of Minerals and Geology has placed you and your operation on the. Mined Land Reclamation
Boazd meeting agenda for consideration of possible violation of the above mentionedstatute. This meeting
is scheduled for August 24, 2000, in Room 318 of 1313 Sherman St., Denver, Colorado, commencing at
9:00 a.m. Your matter will be heard as soon after commencement as possible.
At the meeting [he Board may issue a Cease and Desist Order for your operation at the above cited location
per Article 32.5 of'Iitle 34, Section l23 (1) which slates:
(JJ "If nn operator or person conducting e.rploratiot: fails to obtain a valid permit or file a notice of
intent pursuant to this article, the Board or the Office may issue ntt immediate cease nmd desist
order. Concurrently n•ith the issuance of such an order, the Board or fire Office may seek a
restraining order or injunction pursumu [o Section 34-32.S-J24(3)."
At the forma] public hearing, the Board may consider possible civil penalties (if a violation is found}. Civil
penalties are levied pursuant to Article 32.5 of Title 34, Section 123(2) which states:
(2) "An operator who operntes x•ithout a permit shall be subject to a civil penaln• of not less rhnn one
thotrsnnd dollars per day nor more than five tltottsand dollars per dct}~ for each day the lend has
been affected, not to e.cceed three hundred si.rn• five days. An operator who mines substantial
acreage beyond tfte approved permit botutdan• may be found to be operating rvirlmut n permit. "