2010-10-15_ENFORCEMENT - M2001056

• Permit No: M2001056
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/15/2010
• Doc Name: RTB Letter
• From: DRMS
• To: Elbert County
• Email Name: JLE
• Email Name: AJW
• 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]
October 15, 2010
Ed Ehmann
Elbert County
P.O. Box 116
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Kiowa CO 80117 Loretta E. Pineda
Director
RE: Reason to Believe a Violation Exists at the Belveal Gravel Pit, DRMS File
No. M-2001-056.
Dear Mr. Ehmann:
On September 27, 2010 the Division of Reclamation, Mining and Safety (Division)
conducted an inspection of the Belveal Gravel Pit, DRMS File No. M-2001-056; located
approximately three miles west and twelve miles south of the town of Matheson,
Colorado in Elbert County. A copy of the Division's inspection report is enclosed with
this letter.
It was found the Operator had affected 1.49 acres of land outside of the permit
boundary. This disturbance includes an excavation and stockpiles located outside of the
northern and eastern permit boundaries and a haul road constructed outside of the
approved permit area. We believe this is a violation C.R.S. 34-32.5-109 (1) for failure to
first obtain from the Board or Office a reclamation permit prior to engaging in a new
operation; and/or a violation of C.R.S. 34-32.5-116 (4) (i) for failure to protect areas
outside of the affected land from slides or damages occurring during the mining
operation.
Therefore, we have reason to believe a violation exists to DRMS File No. M-2001-056
and to the Law, and have scheduled this matter to appear before the Mined Land
Reclamation Board.
An Enforcement Hearing will be held during the November 17 and 18, 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 November 17, or
as soon thereafter as the matter can be considered. Or, this item may be heard on
November 18, beginning at 9:00am, or a soon thereafter 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 a violation of the provisions noted above
exists.
Office of office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines