ENFORCE30700

• Permit No: M1979189
• IBM Index Class Name: Enforcement
• Doc Date: 1/11/2007
• Doc Name: RTB ltr
• From: DRMS
• To: Rio Grande Co.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAx: [phone]
COLORADO
DIVISION O E
RECLAMATION
MINING
St-
SAFETY
Bill Owens
January 11, 2007 Governor
Russell George
Executive Director
Ronald W. Cottony
Mr. Dennis Sandusky Division Director
R10 Grande CO. Natural Resource Trustee
201 Santa Fe Dr.
Denver, CO 80223
RE: Reasou To Believe Letter, Rio Grande Sand Pit S-4, Permit No. M-1979-189
Dear Mr. Sandusky:
On June 12. 2006 the Division of Reclamation, Mining and Safety conducted an inspection of your operation and
found:
Leafy spurge, a state fisted noxious weed is located throughout the drier areas of the site (Rule 3.1.100).
Other weeks that were present but in limited quantities include Field Blindweed, Cheat Grass, and
Plumeless Thistle.
We believe this is in violation of: Mineral Rules and Regulations for the Extraction of Construction Materials
section Rule 3.1.10(6) for failure to control all prohibited noxious weed species.
Therefore, we have found reason to believe a violation exists to Permit M-1979-189 and the Law and have
scheduled this matter before the Mined Land Reclamation Board.
A Formal Fublic Hearing will be held during the February 14-15, 2007 Board meeting for consideration of
possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at
9:00 a.m. or as soon thereafter as the matter can be considered and you will have the opportunity to be represented
and heazd.
If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the
amount $100 to $1,000 for each day of violation and may order the permit be suspended, modified or revoked. In
addition it may set the matter for consideration of forfeiture of the $114,850.00 financial warranty at a subsequent
hearing. If you have evidence indicating that the possible violations noted above do not exist or have been
corrected, please provide it to us as soon as possible or bring it to the hearing.
The attached inspection report(s) list specific dates when corrective actions or remediation of a listed problem shall
be corrected by. Please provide us with notice and photographs of the completed work as soon as possible.
Prompt correction of the listed problems may significantly reduce any potential civil penalties the Board may levy.
Following the hearing, all parties have an opportunity to review and comment on a draft ojthe Board's order
before it becomes final. If you wish to do so, you must provide the Board with a written request to review the
draft order prior to or at the time ofyour hearing, or you must inform the Board orally during the hearing that
you request to review the draft order. You must include your mailing address and, if possible, a fax or email
ice of Office of
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