2009-10-26_ENFORCEMENT - M2005006

• Permit No: M2005006
• IBM Index Class Name: Enforcement
• Doc Date: 10/26/2009
• Doc Name: Reason to believe a violation exists letter
• From: DRMS
• To: Moffat County Road and Bridge
• Email Name: GRM
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
FAOctober 26, 2009
Billy Mack
Moffat County Road and Bridge
P.O. Box 667
Harris D. Sherman
Executive Director
Craig, Colorado 81626 Ronald Catt
Division D Director
or
Natural Resource Trustee
Re: Powder Wash Pit #66, Permit No. M-2005-006, Reason To Believe a Violation Exists
Dear Mr. Mack:
On October 20, 2009 the Division of Reclamation Mining and Safety (DRMS) conducted an inspection of
Moffat County's Powder Wash Pit #66 and found mining operations had resulted in off-site damage;
specifically, construction of an access road outside the approved affected area boundary.
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)(i) and Rule 3.1.5 (3) of the Construction
Materials Rules and Regulations (Rules), for failure to protect areas outside the affected lands from slides or
damage occurring during the mining operation and reclamation. Therefore, the Division has found reason to
believe a violation of the Law, Rules and Permit M-2005-006 exists and has scheduled this matter before
the Mined Land Reclamation Board (Board).
An Enforcement Hearing will be held during the December 9 -10, 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.
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 has 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 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 orally request to review the draft order, on the record, at the
hearing. You must include your mailing address and, if possible, a fax number or email address. You will be
provided a copy of the draft order for your review as soon as it is available. Please note that the Division of
Reclamation, Mining and Safety has requested and will be allowed to review and comment on the draft
Board Order prior to mailing to any part y. 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
gem
COLORADO
D I V IS I ON Of
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
STATE OF COLORADO
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines