2022-10-11_ENFORCEMENT - M2003002

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COLORADO Division of Reclamation, I ca 0 Mining and Safety Department of Natural Resources September 8, 2022 Natasha Branch HCR High Country Repair 2632 McCormick Ave. Pueblo, CO 81001 Re: Notice of Continuance, Ghost 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 or January 201 2022. Additionally, the Operator was assessed an unsuspended civil penalty of$4,300 due within 30 days of the Board Order or November 21, 2021. As the Operator had failed to comply with the Board's order, an enforcement hearing was held on April 20, 2022 for consideration of an additional violation for failing to comply with the Board's order, permit revocation, and finding the financial warranty subject to forfeiture. During the April 20, 2022 hearing, the Board continued the enforcement action to the July 2022 Board meeting to allow the Operator additional time to comply with the order. Due to conflicts with the Board's agenda this item was scheduled to be heard during the August 17-18, 2022 Board meeting. However, on August 11, 2022 the Division was made aware of a dispute over who is legally able to represent HCR-High Country Repair. To date, the dispute over who legally is able to represent HCR-High Country Repair has not been resolved. Therefore, the Division hereby provides notice that the hearing for consideration of a violation of C.R.S. 34-32.5-124 for failing to comply with the conditions of an order, permit, or regulation has been continued from the September 20-21, 2022 Board meeting and will now occur during the October 19-20, 2022 Board meeting. If the Board finds a violation at this hearing, it may issue a cease-and-desist order pursuant to C.R.S. 34-32.5-124(2); suspend, modify, or revoke the permit pursuant to C.R.S. 34-32.5-124(6)(a); assess a civil penalty in the amount of $100.00 to $1,000.00 for 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 Division requires the parties provide a legally binding agreement for an appointed representative or provide alternative documentation of who can legally represent HCR High Country Repair so work may begin on the conversion application. Documentation of the representative is due by October 3, 2022. Failure to provide this documentation by October 3rd will result in a hearing to revoke the permit 1001 E 62rd Ave, Denver CO 80216 1 P 303.866.3567, F 303.832,8106 1 https://dnns.colorado.gov Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director