2022-10-04_ENFORCEMENT - M2003002 ‎(2)‎

• Permit No: M2003002
• IBM Index Class Name: Enforcement
• Doc Date: 10/4/2022
• Doc Name: Notice of Continuance
• From: DRMS
• To: Natasha Branch - HCR High Country Repair
• Violation No.: MV2021016
• Email Name: JPL
• Email Name: JLE
• Email Name: GRM
• Media Type: D
• Archive: No

LORADO
Division of Reclamation,
A;G Mining and Safety
Dupw rew of Katuml Rcsowoea
October 4, 2022
Natasha Branch
HCR High Country Repair
2682 McCormick Ave.
Pueblo, CO 81001
Re: Notice of Continuance, Ghast River Gravel Pit; Permit No. M-2003-002
Mrs. Branch:
On October 22, 2021, the Mined Land Reclamation Board (Board) issued their Findings of Fact, Conclusions of
Law, and Order for Violation No. MV-2021 016. This Order included a required corrective action for HCR-High
Country Repair (Operator) to submit a conversion application to include the affected lands outside the approved
permit boundary due within 90 days of the Board Order. The Operator has failed to comply with the Board's
Order.
Therefore, in accordance with the Division's letter dated September 8, 2022 the Division hereby provides notice
that the hearing for consideration of a violation of C.R.S. 34-32.5-124 forfaIIingto comply with the conditions of
an order, permit, or regulation has been continued from the October 19-2C, 2022 Board meeting and will now
occur during the December 14-15, 2022 Board meeting. If the Board finds a violation at this hearing, it may
issue/retain the cease-and-desist order pursuant to C.R.S. 34-32,5-124(2); suspend, modify, or revokethe permit
pursuant to C.R.S. 34-92,5-124(6)(a); assess a civil penalty in the amount of$100.D0 to$1,000.00for each day of
violation pursuant to C.R.S. 34-32,5-124(7); and/or find the financial warranty subject to forfeiture pursuant to
C.R.S. 34-32.5-118(1),
The enforcement action is being continued to allow the Operator time to submit a conversion application by
December 1, 2022 as required by the Board's Order. If the Operator is able to submit a conversion application by
the December 1 due date, the Division may withdrawthe item from the December Board Hearing. However,the
Division has received information that the Operator is continuing the mining operation at the site in violation of
the Board's order (attached). HCR- High County Repair and all subcontractors must CEASE and DESIST any
further mining activities at the site. Failure to do so may result in further enforcement action being taken and/or
the Division proceeding with the enforcement hearing as scheduled during the December 14-15, 2022 Board
meeting.
If you have any questions about this letter or the hearing, please contact Patrick Lennberg at(303) 866-3567, ext.
8114.
Sincerely,
1001 E 6Z"l A e, DenverC-0 90216 1 R 303.866.3 567. F303.S32.8106 1 https:ildrms,cotoradl3.glw � :Y
Jared S. Polis.C,ovemor I Dan Gibbs. Executive Director I Virginia Brannan, director I �''