2011-08-04_ENFORCEMENT - M1986002

• Permit No: M1986002
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/4/2011
• Doc Name: RTB Letter
• From: DRMS
• To: Oldcastle SW Group, Inc. dba United Companies of Mesa County
• Email Name: THM
• Email Name: SSS
• 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]
August 4, 2011
Mr. Peter Kearl
Oldcastle SW Group, Inc., dba United Companies of Mesa County
P.O. Box 3609
Grand Junction, CO 81505
STATE OF COLORADO
Re: Craig Ranch Pit, Permit No. M- 1986 -002, Reason to Believe a Violation Exists
Dear Mr. Kearl:
Mined Land Reclamation
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pirleda
Director
On August 2, 2011 the Division of Reclamation Mining and Safety (Division) conducted an inspection of the
proposed addition to the mine site located in Section 28, Township 12 South, Range 99 West, 6 Principle
Meridian. Approximately 2 -3 acres appears to have been affected by significant improvement to and new
construction of an access road including addition of approximately six inches of road base material and
widening and slope reduction of the pre - existing road.
The Division believes this is in violation of the Colorado Land Reclamation Act for the Extraction of
Construction Materials, C.R.S. 34- 32.5 -101 et. seg., specifically C.R.S. 34- 32.5- 109(1) for failure to obtain a
Mined Land Reclamation Board Reclamation Permit before engaging in a new operation. Therefore, the
Division has found reason to believe a violation of the Law exists and has scheduled this matter before the
Mined Land Reclamation Board.
A Public Hearing will be held during the September 14 -15, 2011 Board meeting for consideration of 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.
If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the
amount of $1,000.00 to $5,000.00 for each day of violation. In addition to these civil penalties, the Board shall
also assess a civil penalty in the amount not less than the amount necessary to cover costs incurred by the
Division in investigating the alleged violation.
If you have evidence indicating that the possible violation(s) 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, 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 written request to review the
draft order prior to or at the time of your hearing, or you must inform the Board orally during the hearing that
you request to review the draft order. You must include your mailing address and, if possible, a fax or email
address. You will be provided a copy of the draft order by e -mail for your review as soon as it is available,
unless a hard copy by mail is requested. The Board's attorney must receive your comments on the draft order
Office of Office of
Denver • Grand Junction • Durango Active and Inactive Mines