2011-10-07_ENFORCEMENT - M1977443

• Permit No: M1977443
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/7/2011
• Doc Name: RTB Letter
• From: DRMS
• To: Hardrock Sand and Gravel
• 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
Pat Weber
Hardrock Sand and Gravel
P.O. Box 141
Craig, CO 81626
STATE OF COLORADO
RE: Moon Pit No. 2, Permit No. M- 1977 -443, Reason to Believe a Violation Exists – Failure to
Comply with a Board Order
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
Dear Mr. Weber:
On December 15, 2010 the Colorado Mined Land Reclamation Board (Board) found Hardrock Sand and
Gravel in violation of C.R.S. 34- 32.5- 109(1) for engaging in a mining operation without first obtaining a
reclamation permit.
On March 2, 2011March 2, 2011 the Board issued an order requiring the Operator to cease all activities at
the Moon Pit No. 2, except for activities required to prevent damage to off -site areas or to protect public
health and safety, until all areas affected by the mining operation were included in a reclamation permit.
The Operator was to submit all materials necessary to allow the Division to approve an amendment or
conversion application to permit number M- 1977 -443, addressing the incorporation of all lands affected
by the mining operation into the approved affected area, within 180 days of the effective date of the
Board Order (March 2, 2011). To date, the Operator has not submitted an amendment or conversion
application to the Division.
Pursuant to the provisions of C.R.S. 34- 32.5- 124(1), the Division believes this is in violation of the
Colorado Mined Land Reclamation Act for the Extraction of Construction Materials (Act) for failure to
comply with a Board Order resulting from a violation found by the Board on December 15, 2010.
Therefore, the Division has found reason to believe that a violation of the law exists and has scheduled
the matter before the Board.
A Formal Public Hearing will be held during the November 9 -10, 2011 Board meeting for consideration
of the possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, 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 $100.00 to $1000.00 for each day of violation, and/or order the permit be suspended,
modified or revoked. In addition, the Board may find the financial warranty subject to forfeiture and
order the Division to schedule a future hearing for consideration of forfeiture of the financial warranty.
Office of
Office of
Mined Land Reclamation
Denver • Grand Junction • Durango Active and Inactive Mines