2020-08-20_ENFORCEMENT - M2020030

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Salisbury Gladstone LLC 15954 Jackson Creek Pkwy B281 EECEIVED Monument, CO 80132 August 17,2020 AUG 2 0 2020 Virginia Brannon DIVISION OF RECLAMATION Division Director MINING AND SAFETY Colorado Division of Reclamation, Mining and Safety Re: File#M-2020-030; NOTICE OF INVALID CEASE AND DESIST ORDER This letter is in response to the Cease and Desist Order,File Number M-2020-030 dated August 13,2020. Salisbury Gladstone LLC contends it is not in violation of any of the Sections sited from the DRMS and hereby requests that the Cease and Desist Order be rescinded immediately. Permits for custom milling operations were applied for in June 2020 and are passed the third round of review. Here are the responses to the items alleged to be in violation. We request your review and seek clarification of and rescission of the order. In the order,the"Commodity Mined/Prospected" is listed as"Custom Mill". A custom mill is not referenced under the authority of the Division of Reclamation, Mining and Safety(the"Division")or any of the subsections sited in the cease and desist order. Sections 34-32-121.5,34-32-122,34-32-123 and 34-32-124.5 of the Colorado Mined Reclamation Act("Act")and Rule 8 of Mineral Rules and Regulations reference active mining operations. The Salisbury Gladstone LLC does not have any active mining in process. Therefore these sections do not apply. Furthermore, Section 34-32-124(2)(a)states"Such order shall set forth the provisions alleged to be violated,the facts alleged to constitute the violation,and the time by which the acts or practices complained of must be terminated and may include the nature of any corrective action proposed to be required. The Cease and Desist Order does not provide any facts or statements as to what has constituted a violation and does not provide for a remedy of alleged unknown violation. What has been violated and what is the proposed remedy? Hard Rock/Metal Mining Rule 1.1(2)refers to Acid Mine Drainage and states that"Mined& Stockpiled material does not include ore or mined product that is or will be processed within 180 days of being stockpiled and removed from the permit area". The intention is that any stockpiled dirt within the permit boundaries will be removed from the site. There is no violation under this section. Hard Rock/Metal Mining Rule 1.41(2)refers to Mining Operation and specifically identifies that the"extraction of construction material where there is no development or extraction of any construction material as that term is defined in Section 34-32.5-103(3)C.R.S." is not included. Therefore,there is no violation of this rule as sand was removed to construct the settling pond. Colorado Mined Reclamation Act Section 1.103(8)is"Mining Operation""or the extraction of construction material where there is no development or extraction of any mineral'. Salisbury Gladstone LLC is merely moving dirt to facilitate construction of a mill. "There is no development or extraction of any mineral." Therefore there is no violation. After reviewing the referenced sections and subsections it will be apparent to the DRMS that there is no DRMS regulation that governs the construction of a mill but only the on-site processing of minerals and the operation of the Mill. Salisbury Gladstone LLC is not processing minerals nor operating a mill. The Colorado Mined Land Reclamation Act does not prohibit the construction of a mill with or without a permit. It does however clearly state that you cannot operate a mill without a permit. Salisbury Gladstone LLC has filed for and is awaiting the permits to commence milling operations. Thank you for lifting the cease and desist order on the construction of the mill,as there are no violations within the mill construction. Sincere y, Jeff A C rt r, Manager Salisbury Gladstone LLC