2012-09-25_ENFORCEMENT - M2007007

• Permit No: M2007007
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 9/25/2012
• Doc Name: RTB LETTER
• From: DRMS
• To: MULLET EXCAVATING
• Email Name: TCW
• 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 25, 2012
Mr. Myron Mullett
Mullett Excavating, LLC
320 CR 241
PO Box 322
Westcliffe, CO 81252
Dear Mr. Mullett;
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
On June 19, 2012, the Division of Reclamation, Mining and Safety (DRMS) conducted an inspection of
the Mooney Hills Pit, DRMS file no. M- 2007 -007, located east of Trinidad on Highway 160 in Las
Animas County. A copy of the DRMS inspection report is enclosed with this letter.
It was found the Operator did not have the mine identification sign posted. We believe this is a violation
of Rule 3.1.12 (1) for failure maintain a sign clearly visible from the access road with the a) name
of the operator, 2) statement that a reclamation permit has been issued by the CMLRB, and 3)
permit number. Therefore, we have reason to believe a violation exists to DRMS file no. M- 2007 -007
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 2012 Board Meeting for consideration of a
possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 09:00 on November 14, 2012 or as 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 $1000.00 for each day of violation for CRS 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 email 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 (3) calendar days of the date the draft order is
emailed, unless that deadline is extended by the Board's attorney. Submit all comments in writing, by
email or fax to Mr. John Roberts, jjroberts @state.co.us Fax number: 303 - 866 -5395. Please note that
the Division of Reclamation, Mining and Safety has requested and will be allowed to review and
comment on the draft Board Order prior to mailing to any party. The Board will resolve any issues
regarding the form and substance of the order. This process does not affect your right to request
reconsideration by the Board or appeal the form for substance of the order.
Office of Office of
Denver • Grand Junction • Durango Active and Inactive Mines