|
C0
<br /> Division of Reclamation,
<br /> Mining and Safety
<br /> Ceoa^.rreor of NFt1ry.Rcsou•ces
<br /> 13'3 5,,,,(—a',"reet. Roc-,2'3
<br /> ,Co:c a,;(.,.8. 113
<br /> March 13, 2020
<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 Enforcement Hearing for Forfeiture of Financial
<br /> Warranty; Shaffers Crossing; Permit M-1978-208
<br /> Ms. Moores,
<br /> On February 4, 2020, the Mined Land Reclamation Board(MLRB) issued an Order reinstating Permit M-1978-
<br /> 208. This reinstatement was granted with the following conditions and requirements:
<br /> 1)All prior corrective actions, civil penalties, and cease and desist orders from the Board's previous orders,
<br /> including the Order effective July 26, 2019 and the October 2019 Order, are and remain in full effect.
<br /> 2) Operator shall, within 90 days of the December 11, 2019 Board Meeting submit a complete 110c to 112c
<br /> conversion application to the Division to, at a minimum, expand the permit area sufficiently to allow the high-
<br /> wall to be modified to conform to the existing permit requirements as outlined in the July 2019 Order.
<br /> You have failed to submit the required conversion application by the Board-ordered deadline, March 11, 2019. In
<br /> addition to the failure to submit the conversion application, you have also failed to comply with additional Board
<br /> Orders. Specifically, the civil penalty of$4,100 imposed in the July 26, 2019 Board Order($2,500 unsuspended
<br /> and$1,600 suspended)has not been paid.
<br /> • The Division believes this is a violation pursuant to C:R.S. 34-32.5-124 for failure to comply with the condition
<br /> of an order, permit, or regulation. Therefore, the Division has reason to believe that a violation exists to the
<br /> Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et seq., and
<br /> have scheduled this matter to appear before the Mined Land Reclamation Board.
<br /> In addition to the possible violation for failure to comply, the Division will seek forfeiture of the financial
<br /> warranty associated with Permit M-1978-208. Pursuant to C.R.S. 34-32.5-118(1)(b) a financial warranty shall be
<br /> subject to forfeiture whenever the Board determines the Operator is in default under a performance warranty and
<br /> has failed to cure such default although the Operator has been given written notice and ample time to do so.
<br /> A Formal Public Hearing will be held during the April 22-23, 2020 Board Meeting for consideration of the
<br /> possible violation and subsequent forfeiture of the financial warranty. The hearing will be held at 1313 Sherman
<br /> Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. on April 22, 2020 or as soon thereafter as the matter
<br /> can be considered. At that hearing you will have the opportunity to present your defense.
<br /> 1313 Sher•^an.Stree_, Room 215, Denver; CO 80203 P 303.866.3567 F 303.832.8106 http:i/mining.state.Co.iss 1
<br /> Ja"ed Po:':s, Governor 1 Dan G bbs, Executive D'reCtor 1 V g,nla B annon, D rector I
<br />
|