2010-11-04_ENFORCEMENT - M1988037 ‎(2)‎

• Permit No: M1988037
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/4/2010
• Doc Name: Reason to believe a violation exists
• From: DRMS
• To: United Companies
• Email Name: GRM
• 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]
-'? November 4, 2010
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Loretta E. Pineda
Peter M. Kearl Director
United Companies
P.O. Box 3609
Grand Junction, CO 81502
Re: United/Norwood Pit, Permit No. M-1988-037, Reason To Believe a Violation Exists.
Dear Mr. Kearl:
On August 3, 2010 the Division of Reclamation Mining and Safety (DRMS) conducted an
inspection of United/ Norwood Pit and found mining operations had resulted in off-site damage;
specifically, deposition of material for safety berms outside the permit boundary area.
DRMS 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. sec., specifically 34-32.5-116(4)(1) and Rule 3.1.5
(3) of the Construction Materials Rules and Regulations (Rules), for failure to protect areas
outside the affected lands from slides or damage occurring during the mining operation and
reclamation. Therefore, the Division has found reason to believe a violation of the Law, Rules,
and Permit M-1988-037 exists and has scheduled this matter before the Mined Land
Reclamation Board (Board).
A Formal Public 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 the 15th, 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 finds a violation at this hearing, it may issue a Cease and Desist Order, assess a
Civil Penalty in the amount of $100.00 to $1000.00 for each day of violation, and/or order the
permit be suspended, modified, or revoked. If you have evidence indicating that the possible
violation noted above does not exist or have been corrected, please provide it to DRMS 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
Office of Office of
Mined Land Reclamation Denver 9 Grand Junction • Durango Active and Inactive Mines