2009-02-26_ENFORCEMENT - M1977211

• Permit No: M1977211
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/26/2009
• Doc Name: RTB Letter
• From: DRMS
• To: Castle Concrete/ Continental Materials
• Email Name: BMK
• 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]
February 26, 2009
Mr. Mac Shafer
Castle Concrete/ Continental Materials
P.O.Box 2379
Colorado Springs, Colorado 80901
Re: Reason To Believe a Violation Exists, Permit No. M-1977-211 Pike View Quarry
Dear Mr. Shafer
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On December 5, 2008, the Division of Reclamation, Mining and Safety conducted an inspection of your mine in
response to a surface failure you reported to the Division on December 2, 2008 and found the following:
A significant portion of the face of the active highwall in Area H had failed causing a landslide approximately 500 feet
high and 600 feet long to occur. The Division believes this is a possible violation of Sections 34-32.5-116(4) (i), and
(4)(q)(I) of the Mined Land Reclamation Act, Rule 3.1.5 (2),(3) and (4) of the Construction Materials Rules and
Regulations and conditions of approval for Permit No. M-1977-211, for failure to protect areas outside of the affected
land from slides or damage occurring during the mining and reclamation operation, failure to reclaim concurrently
with mining operations, and failure to comply with the conditions of an approved permit.
Therefore, the Division has reason to believe a violation exists to the law or Permit No. M-1977-211, and has
scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the April 8-9, 2009 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. 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.
(Please note that you may waive your right to a 30-day notice of the hearing, by submitting a written waiver to this
offide, and the matter may be scheduled for a hearing at the March 11-12, 2009 Board meeting.)
If the Board finds a violation at the hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the
amount of $100.00 to $1000.00 for each day of violation and order the permit suspended, modified, or revoked for
failure to protect the hydrologic balance, surface erosion causing pollution, and areas outside the affected land. 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 Board'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. You must include your mailing
address and, if possible, a fax number. 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 comment within seven days following the mailing of the draft order, unless that
deadline is extended for good cause. Submit all comments in writing to Jillian Allison, Assistant Attorney General,
1525 Sherman Street, 7th Floor, Denver, CO 80203, telephone no. [phone], fax no. [phone]. The
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines