2011-01-25_ENFORCEMENT - M2006010

• Permit No: M2006010
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 1/25/2011
• Doc Name: Staff Summary Form for Consent Agenda Items
• From: M S Forest, LLC
• To: DRMS
• Email Name: JLE
• 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]
STAFF SUMMARY FORM FOR
CONSENT AGENDA ITEMS
Date December 20, 2010 O erator M S Forest, LLC.
Permit No. M-2006-010 Site Name MSF/Feister Pit #I
S ecialist Jared Ebert Ob'ectin Par N/A
Action:
Action Check
Permit application with objections
Violation X
Extension of Board-ordered deadline
Other (specify).
Resolution:
NATURE OF VIOLATION
COLORADO
D I V1 S I ON OF
RECLAMATION
MINING
- bt-
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pifieda
Director
This item is in regards to a Notice of a Possible Violation, Cease and Desist Order, corrective actions and civil
penalties for a possible 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.
CHRONOLOGY.•
December 9, 2010 - The Division conducted a monitoring inspection of the site and found the Operator had affected
land outside permit and affected land boundaries. The Operator holds a 110c permit with a 9.9 acre permit
boundary. During the permitting process, the Operator committed to maintaining a 15 foot undisturbed setback
from the permit boundary. Given this, the Operator was only approved to affect 9.1 acres of the site. The affected
land was measured to be approximately 11.4 acres which is 2.3 acres more than currently approved. Topsoil was
stockpiled around the excavated area in a 4-6 foot tall berm. The majority of the disturbance outside of the
permit/affected land boundary is a result of the topsoil stockpiling operation. Please see the inspection report for
further detail.
December 22, 2010- A Reason to Believe (RTB) letter and the Division's December 9, 2010 inspection report was
sent to the Mr. Scott Canda of M S Forest, LLC.
REASON FOR VIOLATION.
The Operator has affected approximately 2.3 acres of land more than they are currently approved. It is the
Operator's responsibility to protected areas outside of the affected land from slides or damages occurring during the
mining and reclamation operation in accordance with C.R.S. 34-32.5-116 (4) (i).
Office of Office of
Mined Land Reclamation Denver • Grand }unction 9 Durango Active and Inactive Mines