2011-09-22_ENFORCEMENT - M2003019

• Permit No: M2003019
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 9/22/2011
• Doc Name: RTB Letter
• From: DRMS
• To: Baca County
• Email Name: JLE
• Email Name: TAK
• 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]
September 22, 2011
Troy Crane
Baca County
741 Main Street, Suite 1
Springfield, Colorado 81073
Dear Mr. Crane:
STATE OF COLORADO
RE: Reason to Believe a Violation Exists at the Re -open Gravel Pit #18 Pipe Spring
Ranch, LLC Site, DRMS File No. M- 2003 -019.
COLORADO
DIVISION OF
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
On August 31, 2011 the Division of Reclamation, Mining and Safety (Division) conducted an inspection
of the Re -open Gravel Pit #18 Pipe Spring Ranch, LLC site, DRMS File No. M- 2003 -019; located
approximately 18 miles north and 3.5 miles west of the town of Pritchett, Colorado in Baca County. A
copy of the Division's inspection report is enclosed with this letter.
It was found the Operator had affected land outside of the approved permit boundary. We believe this is a
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.
Therefore, we have reason to believe a violation exists to DRMS File No. M- 2003 -019 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 November 9 and 10, 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 November 9, or as soon thereafter as the matter can be
considered. Or, this item may be heard on November 10, beginning at 9:OOam, or a soon thereafter as the
matter can be considered. At the hearing, you will have the opportunity to be represented and heard. It
will be reiterated there is reason to believe a violation of the provisions noted above exists.
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 $ 100.00 to $1,000.00 for each day of violation for C.R.S. 34- 32.5 -116 (4) (i). 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
your comments on the draft order within three calendar days of the date the draft order is e- mailed,
unless that deadline is extended by the Board's attorney. Submit all comments in writing, by e -mail or
Office of
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Office of
Mined Land Reclamation Denver • Grand Junction • Durango
Active and Inactive Mines