2020-01-13_ENFORCEMENT - M1992009 (2)

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV-2019-033 FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION BY GILLETTE SAND AND GRAVEL, INC., CORRECTIVE ACTION, CEASE AND DESIST ORDER,AND CIVIL PENALTIES FOR FAILURE TO MINIMIZE DISTURBANCES TO THE PREVAILING HYDROLOGIC BALANCE, PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR DAMAGES OCCURRING DURING THE MINING OPERATION, NOTIFY THE DIVISION OF A FAILURE OF AN EMBANKMENT,AND FOLLOW CONDITIONS OF A PERMIT, File No. M-1992-009 THIS MATTER came before the Mined Land Reclamation Board ("Board")on November 13, 2019, in Denver, Colorado to consider possible violations by Gillette Sand and Gravel, Inc. ("Operator"), cease and desist order, corrective action, and civil penalties for failure to minimize disturbances to the prevailing hydrologic balance, protect areas outside of the affected land from slides or damages occurring during the mining operation, notify the Division of a failure of an embankment, and follow conditions of a permit, file number M-1992-009. Elliott Russell appeared on behalf of the Division of Reclamation, Mining, and Safety ("Division"). Chris Piles of Gillette Sand and Gravel, Inc. and consultants Bill Pedler and Brandon Shine of Realtime Aquifer Services appeared on behalf of Operator. The Board, having considered the materials presented and having been otherwise fully informed of the facts in the matter, enters the following: FINDINGS OF FACT 1. The Operator holds a 112c permit for a 32-acre gravel operation located in Section 4, Township 15 South, Range 69 West, 6th Principal Meridian in Teller County, Colorado, permit number M-1992-009. The site is known as the Gillette Pit. 2. On October 3, 2019, the Colorado Department of Public Health and Environment received a citizen complaint regarding contaminated water being discharged into Beaver Creek. 3. On October 4, 2019, the Division inspected the Gillette Pit. During the inspection, the Division observed wash water ponds on the site that were extremely close to capacity and evidence that the ponds had overtopped, both recently and in the past. The Division observed that the northern wash pond had over topped the western pond embankment and that wash water from the operation had discharged into Beaver Creek. The Division also observed that sediment fines had been removed from the ponds and piled on and over the permit boundary such that the stockpiled fines and a two-track road had affected off-site lands. The off-site disturbances constituted .03 acres. 4. Operator did not notify the Division that water from the wash pond had overtopped an embankment and discharged into Beaver Creek within twenty-four hours of the discharge. 5. On October 9, 2019, the Division mailed a Reason to Believe a Violation Exists Letter to Operator which provided notice regarding the alleged violations and the November 13, 2019 hearing.