2011-08-16_ENFORCEMENT - M2006010

• Permit No: M2006010
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/16/2011
• Doc Name: Return Mail
• From: Environment, Inc.
• To: DRMS
• Violation No.: MV2011003
• Email Name: JLE
• 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 11, 2011
Mr. Scott Canda
MS Forest
P.O. Box 521
Aguilar, CO 81020
STATE OF COLORADO
RE: Reason to Believe a Violation Exists at the MSF /Feister Pit #1, DRMS File No. M- 2006 -010.
Dear Mr. Canda,
Office of
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. Pineda
Director
In the February 9, 2011 Board Order signed on February 24, 2011, the Colorado Mined Land Reclamation Board
found M S Forest, LLC. to be in violation of C.R.S. 34- 32.5 -116 (4) (i), for failing to protect areas outside of the
affected land from slides or damages occurring during the mining operation. M S Forest, LLC. was ordered to
complete one of the following corrective action options:
A.) Submit and receive approval from the Division of a conversion application to increase the permit
acreage to encompass the current affected land. If this option is chosen, the conversion application
must be submitted by May 12, 2011 and in an approvable form by August 11, 2011.
B.) Reclaim the land affected outside of the permit boundary. The stockpiles located outside of the
permit boundary shall be placed inside the permit boundary. Addition reclamation of the land
outside the permit boundary shall be conducted in accordance with the current approved
reclamation plan for the MSF /Feister Pit #1 (M- 2006 -010). If this option is chosen, reclamation must
commence by May 12, 2011 and all steps to complete reclamation must be completed by August 11,
2011.
C.) Transfer the permit to a different operator. The successor operator will then be required to complete
either option A or option B described above under the purview of the Division. If this option is
chosen, M S Forest, LLC. must submit and receive approval of an appropriate permit transfer
application. The application must be submitted by May 12, 2011 and in an approvable from by
August 11, 2010.
The Board imposed a total Civil Penalty of $6,200. All but $100.00 of the penalty was suspended if M S Forest, LLC
complied with the corrective actions in the times specified. The Division of Reclamation, Mining and Safety
(Division) has not received any documentation corrective action has been initiated.
Based on the February 9, 2011 Board Order and M S Forest, LLC. failure to comply with one of the corrective action
options, the Division believes this is a violation pursuant to C.R.S. 34- 32.5 -124 and C.R.S. 34- 32.5 -118 (a)(b), for
failure to comply with the conditions of an Order.
Therefore, the Division has found reason to believe a violation exists to Permit M- 2006 -010 and has scheduled this
matter before the Mined Land Reclamation Board.
Office of
Denver • Grand Junction • Durango Active and inactive Mines