2008-03-07_ENFORCEMENT - M2006003

• Permit No: M2006003
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 3/7/2008
• Doc Name: Notice of possible violation for mining without a permit
• From: DRMS
• To: Hall-Irwin Corporation
• Media Type: D
• Archive: No

~.i
~± DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 SherrYtan St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
March 7, 2008
Mr. Jim McFazland
Hall-Irwin Corporation
301 Centennial Drive
Milliken, CO 80543
STATE OF COLORADp
COLORADO
DIVISION O F
RECLAMATION
MINING
- &-
SAFETY
Bill Ritter, )r.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
'tom'
RE: Hall-Irwin Corporation, Pazker-Dersham Resource; File No. M-2006-003
Pazker-Dersham Resource Site; Notice of Possible Violation for Mining Without a Permit
Dear Mr. McFazland:
The Division of Reclamation, Mining and Safety ("Division's conducted an inspection of the Parker-Dersham
Resource site on February 27, 2008, and the following was noted:
Evidence of mining was taking place in Phase 1 of the Parker-Dersham Resource Pit. The disturbance
consisted of a dewatering trench along the south side of the Dersham property, mining excavation and
overburden and topsoil stockpiles along the west and north sides of Phase 1. The excavation ranges from 0
feet to 35 feet in depth. The Division traversed the site using a Trimble GeoExplorer Global Positioning
System Unit (GPS) to determine the size of the disturbance. The Division collected data locations for the
excavated area and based on the post-processing of the data, the disturbed area is approximately 11.32 acres in
size. The GPS unit has asub-meter level of accuracy. A Construction Materials 112c Application was
approved by the Division on June 14, 2006, however, the financial warranty had not been received by the
Division. The 112c Mining and Reclamation Permit has not been issued by the Division.
Based on the evidence noted above, a violation may have occurred for failure to first obtain a reclamation
permit prior to engaging in a new operation. We believe this is in violation of 34-32.5-109(1) of the Colorado
Revised Statutes, commonly referred to as the Colorado Land Reclamation Act for the Extraction of
Construction Materials. Therefore, we have reason to believe that a violation exists for mining without a
permit, and to the Law, and have scheduled this matter before the Mined Land Reclamation Board.
A Forma[ Public Hearing wi 11 be held during the April 9-10, 2008 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. At that hearing you will have the opportunity to be
represented and heard. [t 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 reaffirm the Cease and Desist Order issued by the
Division on March 4, 2008 and assess a Civil Penalty in the amount of $1,000.00 to $5,000.00 for each
day of violation. [fyou 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.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's
Office of Office of
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