ENFORCE35888

• Permit No: M1999038
• IBM Index Class Name: Enforcement
• Doc Date: 3/23/1999
• Doc Name: ROWE POSSIBLE ILLEGAL MINING OPERATION FN M-99-038 REASON TO BELIEVE A VIOLATION EXISTS
• From: DMG
• To: ROWE GRAVEL
• Media Type: D
• Archive: No

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SIATE O~ COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department o(Natural Resources
1313 Sherman SI., Room 215
Denver, Colorado 80203
Phone: I]03) 866-3567
FAX: [phone]
March 23, 1999
Mr. Brad Rowe
Rowe Gravel
9134 County Road 100
Hesperus, Colorado 81326
'~1/~V ~cSS. II(Qal~
x-99-o3g
RE: Rowe Possible Illegal Mining Operation, File No. M-99-038, Reason To Believe A Violation Exists
Dear Mr. Rowe:
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFE TY
B~II Owens
Governor
Greg E. Wzlcher
Ezecmive Dveaor
Michael B. Long
Division Director
On Marcfi 22, 1999, the Division of Minerals and Geology conducted an inspection of your operation near the
town of Marvel, Colorado in La Plata County. The site is located in Section 16, Township 33 North, Range 12
West of the New Mexico Prime Meridian. That inspection revealed that recent excavation and export of gravel
has occurred, resulting in disturbance of approximately 5 acres.
Section 34-32.5-109 of the Colorado Land Reclamation Act for the Extraction of Construction Materials 34-
32.5-101 et. seq. IC. R.S. 1984 and 1994 SUPP.) requires that all persons who mine in Colorado must obtain a
reclamation permit for their mining operation.
Therefore, we have found reason to believe a violation of the Law exists and have scheduled this matter before
the Mined Land Reclamation Board.
A Formal Public Hearing will be held at the April 28-29, 1999 Board meeting for consideration of a possible
violation. The hearing will be held in Room 318 of the Centennial Building, 1313 Sherman Street, Denver
Colorado 80203 beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. Please call this
office on Monday April 26, 1999 to verify which day your hearing will be held. 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 at this hearing, it may issue a Cease and Desist Order, order Corrective Actions,
and assess a Civil Penalty in the amount of S1,000.00 to 55,000.00 per day for each day the land has been
affected, not to exceed 365 days. 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, 484 Turner Drive,
Building F, Suite 101, Durango, Colorado 81301, phone no. (3031 247-5062.
Sincerely,
MICHAEL B. LONG
(`/~4 Division Director
CERTIFIED MAIL NO.: Z 443 190 314
Return Receipt Requested