2010-11-10_ENFORCEMENT - M1977443

• Permit No: M1977443
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/10/2010
• Doc Name: RTB Letter & notice of Board hearing
• From: DRMS
• To: Hardrock Sand and Gravel
• Email Name: DMC
• Media Type: D
• Archive: No

STATE OF COLORADO
c?
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
/ / November 10, 2010
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Loretta E. Pineda
Pat Weber Director
Hardrock Sand and Gravel
P.O. Box 141
Craig, CO 81626
RE: Moon Pit No. 2, Permit No. M-1977-443, Reason to Believe a Violation Exists and Notice of
Board Hearing
Dear Mr. Weber:
On September 14, 2010 the Division of Reclamation, Mining and Safety (Division) conducted an
inspection of the above referenced operation and found that the affected area boundary markers were not
observed at the site.
The Division believes that this is in violation of the Mineral Rules and Regulations of the Colorado Land
Reclamation Board for the Extraction of Construction Materials, specifically Rule 3.1.12(2) for failure to
mark the affected area boundary pursuant to this Rule.
Additionally, on November 9, 2010 the Division conducted an inspection of this same site and found that
land has been disturbed outside the approved affected area.
The Division believes that this is in violation of the Colorado Land Reclamation Act for the Extraction of
Construction Materials, specifically C.R.S. 34-32.5-109(1) for failure to first obtain from the board or
office a reclamation permit before engaging in a new operation.
Therefore the Division has reason to believe that a violation exists to Permit No. M-1977-443 and the
Law, and has scheduled this matter before the Mined Land Reclamation Board (Board).
A Hearing will be held during the December 15-16, 2010 Board meeting for consideration of a possible
violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at
9:00 a.m. or as soon thereafter as the matter can be considered. You will have the opportunity to be
represented and heard at the hearing.
If the Board finds a violation of Rule 3.1.12(2) for failure to mark the affected area boundary pursuant to
this Rule, it may issue a Cease and Desist Order, assess a civil penalty in the amount of $100.00 to
$1,000.00 for each day of violation and may order the permit to be suspended, modified or revoked.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines