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2014-08-22_ENFORCEMENT - M1980183
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2014-08-22_ENFORCEMENT - M1980183
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Entry Properties
Last modified
9/6/2020 4:21:51 PM
Creation date
8/22/2014 1:59:46 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1980183
IBM Index Class Name
Enforcement
Doc Date
8/22/2014
Doc Name
RTB Letter
From
DRMS
To
Brannan Sand & Gravel Company
Email Name
TOD
TAK
AJW
Media Type
D
Archive
No
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�nC/ ie4COLORADO l <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver,CO 80203 <br /> August 22 ,2014 <br /> Fred Marvel <br /> Brannan Sand &Gravel Company <br /> 2500 East Brannan way <br /> Denver, CO 80229 <br /> Re: Brannan Sand& Gravel Company,DRMS Permit No.M-1980-183, <br /> Pit 29, Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Mr. Marvel: <br /> The Division of Reclamation, Mining and Safety (Division) inspected land next to the above-referenced <br /> site on July 31, 2014 (please see the previously provided inspection report). Based on observations <br /> described in the inspection report, the Division has reason to believe the Operator has failed to minimize <br /> disturbances to the prevailing hydrologic balance of the surrounding area, and has failed to protect areas <br /> outside of the affected area from damages. We believe these are violations of: <br /> • C.R.S. 34-32.5-116(4)(h), for failure to minimize disturbance to the prevailing hydrologic <br /> balance. <br /> • C.R.S. 34-32.5-116(4)(i), for failure to protect areas outside of the affected land from slides or <br /> damages occurring during the mining operation. <br /> Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br /> C.R.S. 34-32.5-101 et s_g., and have scheduled this matter to appear before the Mined Land <br /> Reclamation Board. <br /> A Formal Public Hearing will be held during the September 24, 2014 Board Meeting for consideration <br /> of these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br /> Colorado, beginning at 9:00 a.m. on September 24, 2014 or as soon thereafter as the matter can be <br /> considered. At that hearing you will have the opportunity to present your defense. <br /> This is an important legal proceeding and you must appear in person for this hearing. If you fail <br /> to appear an order and money judgment may be entered against you. In addition, failure to <br /> appear at the hearing may result in legal consequences including, but not limited to, loss of party <br /> status and your ability to seek reconsideration from the Board or seek judicial appeal in district <br /> court. <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> • hty 5� *. <br /> John W. Hickenlooper, Governor ( Mike King, Executive Director I Virginia Brannon, Director <br />
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