2009-04-24_ENFORCEMENT - M2007035 ‎(2)‎

• Permit No: M2007035
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 4/24/2009
• Doc Name: Notice of Possible Violation for Mining without a Permit
• From: DRMS
• To: Glenn E Sessions & Sons, Inc.
• Email Name: PSH
• 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 C O L O RA D O
DIVISION O F
Phone: [phone] RECLAMATION N
FAX: [phone] MINING

April 24, 2009
SAFETY

Mr. Gordon Brocker Bill Ritter, Jr.
Governor
Glenn E. Sessions & Sons, Inc. Harris D. Sherman
33492 Highway 125 Executive Director
P.O. Box 1076 Ronald W. Cattany
Walden
Colorado 80480 Division Director
, Natural Resource Trustee
RE: Glenn E. Sessions & Sons, Inc.; Bond Pit; File No. M-2007-035
Notice of Possible Violation for Mining Without a Permit
Dear Mr. Brocker:
The Division of Reclamation, Mining and Safety (Division) conducted an inspection of the Bond Pit on April
15, 2009. The Division's inspection revealed that mining had occurred on the northern portion of the Bond
Pit including an excavation area, product stockpiles, topsoil stockpiles, and overburden stockpiles affecting
an area of approximately 5.27 acres.
A Construction Materials 112c Application for the Bond Pit was approved by the Division on September 17,
2007. However, to date, an acceptable financial warranty has not been posted and the permit has not been
issued.
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. The Division believes this is in violation of the Colorado Land
Reclamation Act for the Extraction of Construction Materials, C.R.S 34-32.5-101 et. seq., specifically C.R.S. 34-
32.5-109(1) as amended for failure to first obtain a reclamation permit prior to engaging in a new operation.
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 Formal Public Hearing will be held during the May 13-14, 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. on May 13th, and at 9:00 a.m. on May 14th 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 reaffirm the Cease and Desist Order issued by the
Division on April 23, 2009 and assess a Civil Penalty in the amount of $1,000.00 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.
Following the hearing, all parties have an opportunity to review and comment on a draft of the 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 of your 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
Office of Office of
Mined Land Reclamation Denver 9 Grand )unction • Durango Active and Inactive Mines