2008-10-07_ENFORCEMENT - M2008017

• Permit No: M2008017
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/7/2008
• Doc Name: Reason to Believe a Violation Exists
• From: DRMS
• To: Broken Arrow Investment, LLC
• Email Name: MAC
• 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]
October 7, 2008
Darwin Derr
Broken Arrow Investment, LLC
699 N. First Avenue
Greeley, CO 80631
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Reason to Believe a Violation Exists at the Derr Pit; DRMS File # M-2008-017
Dear Mr. Derr:
On October 3, 2008 the Division of Reclamation, Mining and Safety conducted an inspection of
your mine located approximately 1 mile east of Greeley, Colorado and found the following:
A Construction Material Regular (112) Operation Reclamation Permit Application Package for the
Derr Pit was received by the Division on April 10, 2008. The Division is currently reviewing the
permit for adequacy concerns. The Division's decision date is set for November 3, 2008.
During the inspection an excavated area was observed within the northeast portion of the proposed
permit area, east of the existing gravel road.
Based on the findings of the inspection we believe that this is a violation of C.R.S. 34-32.5-109(1)
for failure to obtain from the board or office a reclamation permit prior to engaging in a new
mining operation. Specifically, mining operations had occurred on property owned or controlled
by Darwin Derr.
Therefore, we have reason to believe that a violation exists to DRMS File Number M-2008-017 and
to the Law, and have scheduled this matter to appear before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the October 15th and 16th, 2008 Board Meeting for
consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman
Street, Denver, Colorado, beginning at 9:00 a.m. on October 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 and/or assess a
Civil Penalty in the amount of $ 1000.00 to $5,000.00 for each day of violation. 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.
Office of Office of
Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines