2010-11-02_ENFORCEMENT - M2001085

• Permit No: M2001085
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/2/2010
• Doc Name: RTB Letter
• From: DRMS
• To: Mr. Les Ewegen
• Email Name: DB2
• 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 C O L O R A D O
Denver, Colorado 80203 D I V I S I O N O F
Phone: [phone] RECLAMATION
FAX: [phone] MINING
SAFETY
2 November 2010
Bill Ritter, Jr.
Governor
s/
Mr. Les Ewegen Mike King
Executive Director
37615 WCR 39

Eaton, CO 80615 Loretta E. Piiteda
Director

RE: 120th Estates Partners Mine; DRMS Permit No. M-2001-085; Notice of a Reason to Believe
a Violation Exists at the 120th Estates Partners Mine
Dear Mr. Ewegen:
On 4 October 2010 the Division of Reclamation, Mining and Safety (Division) conducted an inspection
of the 120th Estates Partners Mine located in Adams County, Colorado. During the inspection the
Division observed the following:
The Operator is placing mined overburden that has been removed from within the permit area onto a
location that is outside the permit area. Based on the findings of the inspection we believe that this is a
violation of
• § 34-32.5-116(4)(i), C.R.S. for failure to protect areas outside of the affected land from
slides or damage occurring during the mining operation.
and
• § 34-32.5-116(4)0), C.R.S. for failure to stabilize and protect all surface areas of the affected
land, including spoil piles, so as to effectively control erosion.
Therefore, we have reason to believe that a violation exists to File Number M-2001-085 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 December 15-16, 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 December 15 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 you wish to waive your right to a 30 day notice of the hearing in order to appear before the MLRB at
the November 17-18, 2010 Board Meeting, please submit this request in writing at your earliest
convenience but no later than 10 days before the meeting.
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 $100 to $1,000 for each day of violation. If you have evidence indicating that
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Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines