2010-12-22_ENFORCEMENT - M2006010

• Permit No: M2006010
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/22/2010
• Doc Name: RTB Letter
• From: DRMS
• To: MS Forest
• 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]
December 22, 2010
Mr. Scott Canda
MS Forest
P.O. Box 521
COLORADO
D I VI S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Aguilar, CO 81020 LoreDiirector Piheda
RE: Reason to Believe a Violation Exists at the MSF/Feister Pit #1, DRMS File No.
M-2006-010.
Dear Mr. Canda:
On December 9, 2010 the Division of Reclamation, Mining and Safety (Division) conducted an
inspection of the MSF/Feister Pit #1, DRMS File No. M-2006-010; located approximately 23.3
miles west of Aguilar, Colorado in Las Animas County. A copy of the Division's inspection report
is enclosed with this letter.
It was found the Operator had affected 2.3 acres of land more than they are currently approved
as a result of the mining operation. We believe this is 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-2006-010 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 February 9 and 10, 2011 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 February 9, or as soon thereafter as the
matter can be considered. Or, this item may be heard on February 10, 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.
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 $ 100.00 to $1,000.00 for each day of violation for C.R.S. 34-
32.5-116 (4) (i). If you have evidence indicating that the possible violations noted above do not
exist or have been corrected, please provide it to us 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
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines