2011-08-11_ENFORCEMENT - M2011039

• Permit No: M2011039
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/11/2011
• Doc Name: RTB Letter
• From: DRMS
• To: Kim Barickman
• Email Name: JLE
• 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 11, 2011
Kim Barickman
P.O. Box 581
Rye, Colorado 81069
RE: Reason to Believe a Violation Exists at the Colorado Moss Rock Operation; DRMS File No.
M- 2011 -039
Dear Mr. Barickman,
On July 26, 2011 the Division of Reclamation, Mining and Safety (Division) conducted an inspection of
the Colorado Moss Rock Operation, located approximately 2 miles west of Rye, Colorado in Pueblo
County and found the following:
Stone /rock is being excavated while creating various roads, trails and a home site. The material removed
for this operation is being stored on site on a .6 acre storage area and is being sold.
Based on the findings of this inspection we believe this is a violation of:
• C.R.S. 34- 32.5 -109 (1) for failure to obtain from the board or office a reclamation permit
prior to engaging in a new mining operation.
Therefore, we have reason to believe a violation exists to DRMS File No. M- 2011 -039 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 September 14 and 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. on September 14 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 this hearing, it may issue a Cease and Desist Order and /or assess a Civil
Penalty in the amount of $1,000.00 to $5,000.00 for each day of violation. 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 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
Office of
Mined Land Reclamation Denver • Grand Junction • Durango
STATE OF COLORADO
i
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
1 ffice of
Active and inactive Mines