ENFORCE37666

• Permit No: M1979140
• IBM Index Class Name: Enforcement
• Doc Date: 12/8/1997
• Doc Name: LEMOINE GRAVEL PIT PN M-79-140 REASON TO BELIEVE A VIOLATION EXISTS
• From: DMG
• To: DELTA CNTY
• Media Type: D
• Archive: No

• III IIIIIIIIIIIIIIII
STATE C~ COL01~>J~
DIVISION Of MINERALS AND GEOLOGY
Dcparmrcnl of Nulural Resources
I'41 }Sherman 51 ,Room 215
Dcnvcr, Gilursln 80203
Phone: 1 SII11 HbbJ SGi
FAX~Q(UIf43bB106
December 8. 1997
Mr. John Timbreza
Delta County
510 Palmer Street, Suite 227
Delta, Colorado 81416
RE: Lemoine Gravel Pit, Permit No. M-79-140, Reason To Believe A Violation Exists
Dear Mr. Timbreza:
II~~~
DEPARTMEf\fT OF
NATURAL
RESOURCES
Roy Rnmer
Governor
lames 5. Lochhead
ERecuove Duector
Michael B. Lnng
Drvisinn Director
On December 1, 1997, the Division received a letter from Delta County Attorney Brad Kolman, indicating
that mining operations at the Lemoine Gravel Pit had disturbed acreage outside the approved permit
boundary.
We believe this is in violation of Section 34-32.5-116(4)(I) or Section 34-32.5-109 of the Colorado Land
Reclamation Act for the Extraction of Constructlon Materials 34-32.5-101 et. seq. (C.R.S. 1984 and 1994
SUPP.) and Permit No. M-79-140 Exhibit C (mine plan map).
Therefore, we have found reason to believe a violation exists to Permit M-79-140 and the Law and have
scheduled this matter before the Mined [.and Reclamation Boazd.
A Formal Public Hearing will be held at the January 28-29, 1998 Board meetlng for consideration of
possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,
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 tinds a violaton at this hearing, it may issue a cease and desist order, assess a civil penalty
ta the amount of S 100.00 to S 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 civtl penalty to the amount of $1.000.00 to
S5.000.00 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.
1(you have any questions, please contact Steve S. Shuey at our Durango Field OtTice, 484 Turner Drive,
Building F, Suite 101, Durango, Colorado 81301, phone no. [phone].
Sincerely,
MICHAEL B. LO
Division Director
MBL/SSS/gaw
CERTIFIED MAIL NO.: P 526 419 699
Return Receipt Requested
cc: Steve Shuey - DMG Durango Field Office