2013-08-15_ENFORCEMENT - M2009027 ‎(2)‎

• Permit No: M2009027
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/15/2013
• Doc Name: RTB LETTER
• From: DRMS
• To: Walsenburg Sand and Gravel Company
• Email Name: AJW
• Email Name: TAK
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
August 15, 2013
Gary Vezzani
The Walsenburg Sand and Gravel Company
P.O. Drawer 352
Walsenburg, CO 81089
Re: WSG - Hribar, DRMS File No. M- 2009 -027
Reason to Believe a Violation Exists at the WSG - Hribar Pit
Dear Mr. Vezzani:
COLORADO
D I V I S I ON Of
RECLAMATION
MINING
— Sz-
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
On July 19, 2013, the Division of Reclamation, Mining and Safety (Division /DRMS) conducted an
inspection of the WSG - Hribar Pit and found the following:
The Operator failed to first obtain a reclamation permit from the Mined Land Reclamation Board
before engaging in a new mining operation. (The Division considers mining 2 acres or more
outside of the approved permit boundary as a violation for mining without a permit)
Based on the findings of the inspection the Division believes this is a violation of:
• C.R.S. § 34- 32.5 - 109(1)
Therefore, the Division has scheduled this matter to appear before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the September 18 -19, 2013 Board Meeting for consideration
of these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver,
Colorado, beginning at 9:00 a.m. on September 18th 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 $1,000.00 to $5,000.00 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 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
Office of Office of