2009-07-08_ENFORCEMENT - M1999058 ‎(2)‎

• Permit No: M1999058
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/8/2009
• Doc Name: Reason to believe a violation exists letter
• From: DRMS
• To: Colorado Stone Quarries, Inc.
• Email Name: GRM
• 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]
July 8, 2009
Gary Bascom
Colorado Stone Quarries, Inc.
303 W. Park Street
Marble, Colorado 81623
Re: Yule Marble Quarry, Permit No. M-1999-058, Reason To Believe a Violation Exists
Dear Mr. Bascom:
COLORADO
D I V IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On May 26, 2009 the Division of Reclamation Mining and Safety (DRMS) conducted an inspection of Colorado Stone's
Yule Marble Quarry and found evidence of unchecked sedimentation and erosion being deposited into Yule Creek.
DRMS 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., and specifically 34-32.5-116(4)(h) and Rule 3.1.6 (1) of the Construction Materials
Rules and Regulations (Rules), for failure to minimize disturbance to the prevailing hydrologic balance.
Therefore, the Division has found reason to believe a violation of the Law, the Rules and Permit M-1999-058 exists
and has scheduled this matter before the Mined Land Reclamation Board (Board).
A Formal Public Hearing will be held during the August 12-13, 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
the 12th, and 9:00 a.m. on the 13, 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, assess a Civil Penalty in the
amount of $100.00 to $1000.00 for each day of violation, and/or order the permit be suspended, modified or
revoked. If you have evidence indicating that the possible violation noted above does not exist or have been
corrected, please provide it to DRMS 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. An oral request to review the draft
order must be made on the record during 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, Denver, CO 80203,
telephone no. [phone], fax no. [phone]. The Board will resolve any issues regarding the form of the
order. This process does not affect your right to request reconsideration by the Board or appeal the substance of the
order.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines