ENFORCE28803

• Permit No: M1990140
• IBM Index Class Name: Enforcement
• Doc Date: 5/24/2005
• Doc Name: RTB Ltr
• From: DMG
• To: Hardrock Sand and Gravel
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY '~
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

May 24, 2005
Mr. Pat Weber ~
Hardrock Sand and Gravel
P.O. Box 141
Craig, CO 81626
RE: Reason to Believe a Violation ExistsBoard Hearing
Hardrock Sand and Gravel, Permit No. M-1990-140
DeazMr. Weber:
COLORADO
DIVISION OF
MIN SRALS
GEOLOGY
0.E CLAMATION•NINING
SAf ETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On Apri121,2005, the Division ofMinerals and Geology inspected Hardrock Sand and Gravel's Martin Pit
1 A and observed mining activities which appeazed to be outside the permitted azea and to be within 5 to 10
feet of permanent man made structures (utility towers). A copy of this inspection report is enclosed .
These activities appear to be in violation of the Colorado Land Reclamation Act for the Extraction of
Construction Materials (The Act). Therefore, the Division believes you to be in possible violation of
Section 34-32.5-116(4)(1) for failure to protect areas outside of the affected land from slides or damage
occurring during the mining operation and reclamation.
A Formal Public Hearing will be held during the July 13th and 14th Boazd meeting for consideration of
possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on June 14th, and at 9:00 a.m. on June 15th or as soon thereafter as the matter can be
considered. At that hearing you will have the opportunity to be represented and heard. It will be reiterated
that there is reason to believe that you are in violation of the provisions noted above.
If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in
the amount of $100.00 to $1,000.00 for each day of violation, and/or order the permit be suspended,
modified, or revoked. If you have evidence indicating that the possible violations noted above do not exist or
have been corrected, please provide it to the Division as soon as possible or bring it to the hearing.
Following the hearing, the parties will have an opportunity to review and comment on a draft of the
Boazd's order if requested. If you wish to do so, you must provide the Board with a written request to
review the draft order at or before your hearing, or you may request to review the draft order at the
hearing. An oral request to review the draft order must be made on the record during the hearing. You
must include your mailing address and, if possible, a fax number or email address. You will be provided
a copy of the draft order for your review as soon as it is available. Please note that the Division has
requested the opportunity to review the draft order in this matter. The Board must receive any written
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey