2010-06-24_ENFORCEMENT - M1980041

• Permit No: M1980041
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/24/2010
• Doc Name: Notice of possible violation letter
• From: DRMS
• To: James L. Treat
• Email Name: PSH
• Email Name: SSS
• Email Name: AJW
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources Q
1313 Sherman St., Room 215
Denver, Colorado 80203 D IOVI SL E ION A D F
D O F
Phone: [phone] RECLAMATION
FAX: [phone] MINING

SAFETY
Bill Ritter, Jr.
J J u n e 24, 2010 Governor
James B. Martin
James L. Treat Executive Director
Loretta E. Pineda
225 G Street Director
Salida, Colorado 81201
RE: Rock Gulch Gravel Pit; Permit No. M-1980-041
Notice of Possible Violation for Mining Without a Permit"/
Dear Mr. Treat:
The Division of Reclamation, Mining and Safety (Division) conducted an inspection of the Rock
Gulch Gravel Pit on June 18, 2010. The Division's inspection revealed mining had occurred outside
of the approved permit boundaries including an excavation area, product stockpiles, waste rock
stockpiles, imported material stockpiles and an access road affecting an area of approximately 4.2
acres. A copy of the Division's inspection report is enclosed with this letter.
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 a violation exists for mining without a permit, and to the Law, and
have scheduled this matter before the Mined Land Reclamation Board.
An Enforcement Hearing will be held during the August 11-12, 2010 Board meeting for consideration of
the 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 on each of those days as the matter can be considered. At
the hearing you will have the opportunity to be represented and heard. It will be reiterated there is
reason to believe 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 and/or assess a
Civil Penalty in the amount of $1000.00 to $5,000.00 for each day the land has been affected per
C.R.S. 34-32.5-123(2) for a violation of C.R.S. 34-32.5-109(1). If you have evidence indicating 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.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines