2012-10-12_ENFORCEMENT - M2001085

• Permit No: M2001085
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/12/2012
• Doc Name: RTB LETTER
• From: DRMS
• To: 120TH ESTATE PARTNERS
• Email Name: BMK
• 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 12, 2012
Jim Newman
120 Estate Partners GSLBrush LLC
1131 South State Street
Chicago, Illinois 60609
RE: Reason to Believe a Violation Exists at the 120 Estate Partners Pit, GSLBrush LLC, DMG File
# M- 2001 -085
Dear Mr. Newman:
STATE OF COLORADO
COLORADO
D I V I S I O N O F
RECLAMATI
MINING
— &—
SAFETY
John W Hickenlooper
Governor
Mike King
Executive Director
Loretta E Pineda
Director
On October 12, 2012, the Division of Reclamation, Mining and Safety conducted an inspection of the 120` Estate
Partners pit, Permit # M- 2001 -085, in a response to a citizen's complaint letter. The 120 Estate Partners, GSL /Brush
LLC pit is located in the NE SW 1/4 of section 35, Township 1 S, and range 67 W of the 6 P.M. in Adams County,
Colorado.
A small stockpile of approximately 1,000 cubic yards of fill material has been placed along the northeast boundary of
the site, without proper notification to DRMS.
We believe that this is a violation of Rule. 3.1.5(9), for failure to notify the Division prior to importing of inert fill
material .
Therefore, we have reason to believe that a violation exists to DRMS, File Number M- 2001 -085 and to the Law, and
have scheduled this matter to appear before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the November 14 and 15 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 9:00
a.m. on November 14` or as soon thereafter as the matter can be considered. At that hearing you will have the
opportunity to be represented and heard. It will be reiterated that there is reason to believe that you are in violation of
the provisions noted above.
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. 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 continent 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 number. You will be provided a copy of the
draft order for your review as soon as it is available. The Board must receive your continents on the draft order within
seven (7) calendar days of the date the draft order is mailed, unless that deadline is extended for good cause. 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. Submit all comments in writing to Mr. John Roberts, Assistant
Attorney General, 1525 Sherman Street, 7 Floor, Denver, Colorado 80203, or FAX #[phone]. 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 or substance of the order.
Please contact the Board's secretary Ms Sitira Pope at the DRMS Denver office at (303) 866 -3567 x8136 on the Friday
or Monday prior to the Board Hearing to confirm exactly what day your item will appear before the Board. If you have
Office of
Mined Land Reclamation Office of
Denver • Grand junction • Durango Active and Inactive Mines