2018-12-10_ENFORCEMENT - M2012004

• Permit No: M2012004
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/10/2018
• Doc Name: Reason to Believe a Violation Exists - Notice
• From: DRMS
• To: Superior Oilfield Services
• Email Name: ECS
• Media Type: D
• Archive: No

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December 10, 2018
Jack Miller
Superior Oilfield Services Co., LTD
2986 W 291" St#12-13
Greeley CO 80630
Re: Reason to Believe a Violation Exists and Notice of Board Hearing;
North Star Pit; Permit M2012-004
Mr. Miller:
On December 3, 2018, the Division conducted an inspection of the North Star Pit(Permit M2012-004)
and found the Operator had impacted an unpermitted area of approximately 7.5 acres. Pursuant to C.R.S.
§ 34-32.5-123(2) an operator who mines substantial acreage beyond the approved permit boundary may
be found to be operating without a permit.
Based on the findings of the inspection we believe this is a violation of:
• C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit from the Mined Land
Reclamation Board or Office before engaging in a new mining operation as required.
Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act
for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sue.,and have scheduled this matter
to appear before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the January 23-24, 2019 Board Meeting for consideration of
this possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,
beginning at 9:00 a.m. on January 23, 2019 or as soon thereafter as the matter can be considered. At that
hearing you will have the opportunity to present your defense.
This is an important legal proceeding and you must appear in person for this hearing. If you fail to
appear, an order and financial judgment may be entered against you. In addition,failure to appear
at the hearing may result in legal consequences including, but not limited to,loss of party status and
your ability to seek reconsideration from the Board or seek judicial appeal in district court.
If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and assess a Civil
Penalty in the amount of$1,000.00 to $5,000.00 for each day of violation, not to exceed 365 days,
pursuant to C.R.S. 34-32.5-123(2). Pursuant to C.R.S. 34-32.5-124(6)(a), the Board may suspend,
modify, or revoke the permit. If you have evidence indicating that the possible violation noted above does
not exist or has been corrected,please provide it to the Division as soon as possible or bring it to the
i
1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us ;
John W. Hickentooper, Governor I Robert Randall, Executive Director I Virginia Brannon, Director