2011-07-25_ENFORCEMENT - M1976009HR

• Permit No: M1976009HR
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/25/2011
• Doc Name: Change to Hearing Date.
• From: DRMS
• To: Schmidt Construction Company
• Email Name: BMK
• Email Name: AJW
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
July 25, 2011
Mr. Scott Davis
Schmidt Construction Company
2635 Delta Drive
Colorado Springs, Colorado 80910
STATE OF COLORADO
Re: Schmidt Construction, Menzer Quarry, Permit No. M- 1976 -009 FIR, change to hearing date.
Dear Mr. Davis
Office of
Mined Land Reclamation
COLORADO
DIVISION OF
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta Pineda
Director
As per your written request, the Division has changed the Formal Public Hearing Date for Reason to Believe a
Violation Exists hearing date for Menzer Quarry permit # M- 1979 -006 HR from August 10 -11, 2011 to September 14-
15, 2011.
The Division believes this is a possible violation of Sections 34- 32.5- 116(4) (h) of the Mined Land Reclamation Act;
for not protecting the prevailing hydrologic balance during the mining operation and 34- 32.5 - 116(4) (i), for failure to
protect areas outside of the affected land from slides or damage occurring during the mining and reclamation
operation.
The DRMS, therefore, has reason to believe a violation exists to the law or Permit No. M- 1976- 009HR, and has
scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the September 14 -15, 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. 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 the 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 order the permit suspended, modified or revoked. If you
have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it
to the Division as soon as possible or bring it to the hearing.
Following the hearing, the parties will have an opportunity to review and comment on a draft of the Board's order if
requested. If you wish to do so, you must provide the Board with a written request to review the draft order at or
before your hearing, or you may request to review the draft order at the hearing. You must include your mailing
address and, if possible, a fax number. You will be provided a copy of the draft order for your review as soon as it is
available. Please note that the Division has requested the opportunity to review the draft order in this matter. The
Board must receive any written comment within seven days following the mailing of the draft order, unless that
deadline is extended for good cause. Submit all comments in writing to John Roberts, Assistant Attorney General,
1525 Sherman Street, 7th Floor, Denver, CO 80203, telephone no. (303) 866 -4395, fax no. (303) 866 -5395. The
Board will resolve any issues regarding the form of the order. This process does not affect your right to request
reconsideration by the Board or appeal the substance of the order.
Office of
Denver • Grand Junction • Durango Active and Inactive Mines