2010-11-05_ENFORCEMENT - M1988037

• Permit No: M1988037
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/5/2010
• Doc Name: Operator's agreement to stipulated agreement for consent agenda
• 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 C O L O R A DO
DIVISION OF
Phone: [phone] RECLAMATION
FAX: [phone] M I N I N G
tV -
Operator Acceptance of Stipulated Agreement SAFETY
For the Mined Land Reclamation Board Consent Agenda
Date November 5, 2010 Operator United Old Castle
Permit No. M-1.988-037 Site Name Norwood Pit
S ecialist Russ Means Objecting Part N/A
Type of Action: Enforcement.
Resolution:
Consideration of a Possible Violation, Cease and Desist Order, Corrective Actions, and Civil Penalties for failure to
protect areas outside the affected lands from slides or damage occurring during the mining operation and
reclamation. The Operator affected approximately 0.05 acres outside of the approved affected lands by
establishing safety berms beyond approved boundaries.
CHRONOLOGY:
• August 3, 2010: DRMS inspection notes berms that appear to be stacked on permit boundary line. Half of
material was observed on pre-existing dirt road which was outside permit boundaries. Operator
representative questioned boundary in relation to mine maps and requested time to investigate.
• September 13, 2010: Operator sends formal response noting observed berms were in fact on boundary line
and were moved back into permit boundaries.
• November 5, 2010: DRMS issues Reason to Believe for failure to protect areas outside the affected lands
from damage.
STAFF RECOMMENDATION:
Violation:
Find a violation of 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.
Corrective Action(s):
Operator has already corrected the issue by moving berm material back within permit area. The material
footprint was within the right-of way of an exisiting dirt road but outside the permit boundary. Damage
was limited to the loss of use of part of the road and no additional reclamation is required. No further
corrective actions are required.
Cease and Desist Order:
No order to cease and desist is necessary as operator has acknowledged error and corrected.
Office of Office of
Mined Land Reclamation Denver Grand Junction • Durango Active and Inactive Mines