2011-10-07_ENFORCEMENT - M2001060

• Permit No: M2001060
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/7/2011
• Doc Name: RTB Letter
• From: DRMS
• To: 3B Enterprises, LLC
• Email Name: DMC
• Email Name: AJW
• Email Name: SSS
• 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]
October 7, 2011
Steve Baker
3B Enterprises, LLC
P.O. Box 1665
Craig, CO 81626
Dear Mr. Baker:
The Division believes that this is in violation of:
Mined Land Reclamation
STATE OF COLORADO
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
RE: Deakins Pit, Permit No. M- 2001 -060, Reason to Believe a Violation Exists and Notice of
Board Hearing
On July 25, 2011 the Division of Reclamation, Mining and Safety (Division) conducted an inspection of
the above referenced operation and found the following:
The Operator had imported bac>fll material to the site that was inconsistent with the Import Fill Notice
submitted by the Operator on December 30, 2008 and incorporated into Permit No. M -2001 -060 through
Technical Revision No. 1.
Rule 3.1. S(9) for failure to notify the office of any proposed baclll activity not identified in the approved
Reclamation Plan.
Therefore the Division has reason to believe that a violation exists to Permit No. M- 2001 -060 and the
Law, and has scheduled this matter before the Mined Land Reclamation Board (Board).
A Hearing will be held during the November 9 -10, 2011 Board meeting for consideration of a 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 at the hearing.
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 $100.00 to $1,000.00 for each day of violation and may order the permit to be
suspended, modified or revoked. In addition, the Board may set the matter for consideration of forfeiture
of the $40,600.00 financial warranty amount held by the Division for Permit No. M- 2001 -060 at a
subsequent Board hearing. If you have evidence indicating that the possible violation noted above does
not exist or has been corrected, please provide it to the Division as soon as possible or, .alternatively, bring
it to the Board hearing.
Office of Office of
Denver • Grand Junction • Durango Active and Inactive Mines