2009-12-17_ENFORCEMENT - M2000149

• Permit No: M2000149
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/17/2009
• Doc Name: RTB Letter
• From: DRMS
• To: Mr. Brian Barton
• Email Name: ECS
• 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]
December 17, 2009
Mr. Brian Barton
1957 County Road 57
Sterling, CO 80751
RE: Reason to Believe a Violation Exists at the Barton Pit; DMG File # M- 2000 -149
Dear Mr. Barton:
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On June 10, 2009 the Division of Reclamation Mining and Safety conducted an inspection of the Barton Pit located in
the SW '/4 of the SEA of Section 8, Township 6 N, Range 51 W, of the 6 ffi P.M. in Logan County, Colorado and found
the following:
Contrary to the mining plan, the primary feature of the site is a high -wall that has been created parallel to the south
border of the site approximately 35 feet high and 400' long. The current mining plan states that mining will progress
from southwest to northeast at a depth of 15 feet. This high -wall is not a part of the approved mining plan, and the
current reclamation bond of $15,000 held by the State for the site is insufficient to reclaim it to the 3:1 slope specified
in the approved reclamation plan.
After allowing time for the operator to address this issue through other means, the bond for the site was recalculated to
a total of $49,000 — a $34,000 increase over the existing bond amount. This notice of bond increase (SI -01) was sent to
Mr. Barton on October 15, 2009. Posting of the bond increase was due by December 14, 2009. At this time, no
additional bond has been posted by the operator.
We believe that this is a violation of C.R.S. section 34- 32.5- 117(6) of the Colorado Land Reclamation Act for the
Extraction of Construction Materials which states: "A financial warranty shall be maintained in good standing for the
entire life of a permit issued under this article. " Specifically, adequate bond has not been maintained or posted by the
operator to reclaim the site according to the approved reclamation plan.
Therefore, we have reason to believe that a violation exists to DMG File Number M- 2000 -149 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 February 10"' and 11' 2010 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 February l O th 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 fmds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty in the
amount of $ 100.00 to $1,000.00 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.
If you wish, you may waive your right to 30 days notice and appear before the board at the MLRB meeting currently
scheduled for January 6 ffi and 7` , 2010. If you wish to do so, please respond in writing to this notice ASAP so that this
item can be added to the January 2010 MLRB meeting agenda.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before it
becomes final. Ifyou wish to do so, you must provide the Board with a written request to review the draft order prior
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