2010-03-23_ENFORCEMENT - M1980183

• Permit No: M1980183
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 3/23/2010
• Doc Name: RTB LETTER
• From: DRMS
• To: Brannan Sand & Gravel Co.
• Email Name: DB2
• Email Name: AJW
• Email Name: DAB
• 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]
March 23, 2010
Mr. Greg Gerganoff
Brannan Sand & Gravel Co.
2500 E. Brannan Way
Denver, CO 80229
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
James B. Martin
Executive Director
RE: Reason to Believe a Violation Exists at the Brannan Pit 29 mine; Brannan Sand &
Gravel Co., File No. M-1980-183
Dear Mr. Gerganoff:
Brannan Sand & Gravel Company (Brannan) has failed to respond to the 21 September 2009
inspection report issued by the Division of Reclamation, Mining, & Safety (Division), which
included a directive to provide a plan outlining ways to relieve the ground water mounding
situation and stabilize the water level in the vicinity of the Zigan Lake. The Division gave Brannan
the option of forming a cooperative agreement with Albert Frei and Sons (Frei) on their water
management strategy for the Stagecoach Pit. To date, the Division has received no water
management plan or any evidence that an agreement has been reached with Frei. .
The Division therefore has reason to believe that this is a violation of C.R.S. 34-32.5-116(4)(h) &
(i) the Colorado Land Reclamation Act for the Extraction of Construction Materials, and Rule
3.1.6(1) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for
the Extraction of Construction Materials. Specifically, the operator failed to minimize disturbances
to the prevailing hydrologic balance of the affected land and failed to protect areas outside of the
affected land from being damaged during mining operations.
A Formal Public Hearing will be held during the 12 May 2010 meeting of the Mined Land
Reclamation Board for consideration of a possible violation. Be advised that the hearing will be
held at the Courtyard and Residence Inn by Marriott, 765 Horizon Drive, Grand Junction,
CO 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 law and rule noted above.
If the Board finds a violation at the hearing, it may issue a Cease and Desist Order, assess a Civil
Penalty of not less than one hundred dollars ($100.00), nor more than one thousand dollars
($1000.00) per day for each day of violation. If you have reason to believe that the violation noted
above does not exist, please provide it to the Division 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
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines