2023-03-16_ENFORCEMENT - M1977170

• Permit No: M1977170
• IBM Index Class Name: Enforcement
• Doc Date: 3/16/2023
• Doc Name: Reason to Believe a Violation Exists - Notice
• From: DRMS
• To: Butala Construction Company
• Email Name: GRM
• Email Name: THM
• Media Type: D
• Archive: No

COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
MINERALS PROGRAM INSPECTION REPORT
PHONE: [phone]
The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation
noted below.This report documents observations concerning compliance with the terms of the permit
and applicable rules and regulations of the Mined Land Reclamation Board.
MINE NAME: MINE/PROSPECTING ID#: MINERAL: COUNTY:
Butala Gravel Pit M-1977-170 Sand and gravel Chaffee
INSPECTION TYPE: WEATHER: Clear INSP. DATE: INSP.TIME:
Multi Person Inspection February 9,2023 13:45
OPERATOR: OPERATOR REPRESENTATIVE: TYPE OF OPERATION:
Butala Construction Company Charles Kellerman,Tom Eve I I2c-Construction Regular Operation
REASON FOR INSPECTION: BOND CALCULATION TYPE: BOND AMOUNT:
Other Agency Request None $143,158.00
DATE OF COMPLAINT: POST INSP.CONTACTS: JOINT INSP.AGENCY:
NA None None
INSPECTOR(S): I INSPECTOR'S SIGNATURE: SIGNATURE DATE:
Lucas West March 16,2023
The following inspection topics were identified as having Problems or Possible Violations. OPERATORS
SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE
WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a
Possible Violation is indicated,you will be notified under separate cover as to when the Mined Land
Reclamation Board will consider possible enforcement action.
INSPECTION TOPIC:Gen. Compliance With Mine Plan
PROBLEM/POSSIBLE VIOLATION: Possible Violation:The Operator has mined, processed and sold material
generated from within a 6.9 acre portion of the affected lands referred to as the Mining Restricted Area in the
DRMS Permit. The Mining Restricted Area ("MRA") is also defined by the Colorado Department of Public Health
and Environment as well as the US Environmental Protection Agency in the "Declaration of Restrictive
Covenants and Restrictions Against the use of Real Property" documentation. Under the conditions of approval
of Amendment 1, of Permit M-1977-170("DRMS Permit"), approved on November 19, 1998 by DRMS,the
Operator committed to no mining or excavation of the Mining Restricted Area.
The Division has Reason to Believe a Violation exists pursuant to C.R.S. 34-32.5-124 for Failure to Comply with
the Conditions of an Order, Permit or Regulation. Please see the enclosed Reason to Believe a Violation Exists
letter for more information.
CORRECTIVE ACTIONS:This matter will be scheduled for hearing before the Mined Land Reclamation Board on
April 19-20, 2023. Corrective actions will soon be determined.The Operator is required to be in compliance
with the Colorado Department of Public Health and Environment as well as the US Environmental Protection
Agency.
CORRECTIVE ACTION DUE DATE: 4/19/23
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