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2019-05-16_ENFORCEMENT - M1978208 (5)
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2019-05-16_ENFORCEMENT - M1978208 (5)
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Last modified
12/10/2024 6:02:38 AM
Creation date
5/30/2019 1:15:31 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978208
IBM Index Class Name
ENFORCEMENT
Doc Date
5/16/2019
Doc Name
Reason to Believe a Violation Exists - Notice
From
DRMS
To
Elk Creek Sand & Gravel
Email Name
ECS
MAC
Media Type
D
Archive
No
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AM ! COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Casa-rn=r,:f Na'�rel Feso,.-as <br /> 1313 Sherma,)Street,P om 215 <br /> Dea.er,Cotcra�o 80203 <br /> May 16, 2019 <br /> Juliet A. Moores <br /> Elk Creek Sand &Gravel, LLC <br /> P.O. Box 416 <br /> Conifer, CO 80433 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Shaffers Crossing; Permit# M-1978-208 <br /> Ms. Moores, <br /> On May 2, 2019, Technical Revision No. 5 (TR05) was submitted to the Division to address the Board Order for <br /> Violation No. MV-2018-039. In section 3. High-wall Conformance to Current Mining Plan,TR05 states that"the <br /> current high-wall is a single bench in several locations reaching a height of over 100 feet", and that Elk Creek <br /> Sand and Gravel "has not benched the slope in the manner stated in the CDRMS approved permit." <br /> Based on the information contained in TR05, which states the configuration of the high-Nvall required by permit <br /> stipulation #1 has not been complied with, we believe this is a violation pursuant to: <br /> • C.R.S. 34-32.5-124 for failure to comply with the condition of an order, permit, or regulation. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sue., and have scheduled this matter to appear <br /> before the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the June 26-27, 2019 Board Meeting for consideration of this <br /> possible violation. The hearing will be held at 1313 Shennan Street, Room 318, Denver, Colorado,beginning at <br /> 9:00 a.m. on June 26, 2019 or as soon thereafter as the matter can be considered. At that hearing you will have <br /> 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 to appear, <br /> an order and financial judgment may be entered against you. In addition,failure to appear at the hearing <br /> may result in legal consequences including, but not limited to, loss of party status and your ability to seek <br /> reconsideration from the Board or seek judicial appeal in district court. <br /> If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and assess a Civil Penalty in <br /> the amount of$100.00 to $1000.00 for each day of violation, for each day during which such violation occurs, <br /> pursuant to C.R.S. 34-32.5-124(7). If you have evidence indicating that the possible violation noted above does <br /> not exist or has been corrected, please provide it to the Division as soon as possible or bring it to the hearing. Any <br /> information to be considered by the Board during the hearing must be received by the Division on or before June <br /> 7, 2019. <br /> All parties have an opportunity to review and comment on a draft of the Board's order before it becomes final. If <br /> you wish to do so, you must provide the Board with a written request to review the draft order prior to or at the <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> Jared Po!is, Governor I Dan Gibbs, Executr,e Director ( Virginia Brannon, Director <br /> 1 a + a <br />
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