2020-10-12_ENFORCEMENT - M2010036

• Permit No: M2010036
• IBM Index Class Name: Enforcement
• Doc Date: 10/12/2020
• Doc Name: Reason to Believe a Violation Exists - Notice
• From: DRMS
• To: Rick Emsminger
• Email Name: CMM
• Email Name: BFB
• Email Name: MAC
• Media Type: D
• Archive: No

COLORADO
�r Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman 5t. Room 215
Denver, CO 80203
October 12, 2020
Rick Ensminger
Ensminger Pit #2
P.O. Box 276
Haxtun, CO 80731
RE: NOTICE OF VIOLATION NO. M-2020-025,
CIVIL PENALTIES, AND CEASE AND DESIST ORDER
Ensminger Pit #2 (Permit No. M-2010-036)
Dear Mr. Ensminger:
C.R.S. 34-32.5-116(3)(a) and (b) and Permit No. M-2010-036 require you to submit to the Division of
Reclamation, Mining and Safety (the "Division") an annual fee, map and report, due on or before August 10 of
each year. The annual fee required for your permit is $791.00. As of the date of this letter the Division has not
received your submittal.
Therefore, you are in violation of the above cited statute and the provisions of your Permit No. M-2010-036.
Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of Violation MV -
2020 -025, Civil Penalties in the amount of $791.00, and an Order to Cease and Desist from all mining related
activities associated with Permit No. M-2010-036.
A Formal Public Hearing will be held during the November 18-19, 2020 Board meeting for consideration of the
possible violation, corrective actions, permit revocation, and finding the financial warranty subject to forfeiture.
Due to the impacts of the COVID-19 virus on the availability of State facilities and Division resources, notice is
hereby given that the November 18-19, 2020 Board hearing will be held by a virtual ZOOM hearing. All exhibits
and materials you wish for the Board to consider related to this alleged violation must be submitted via email to
the Board administrator; Camie Molar at Cain ille:Morarrr.state-co.us no later than 5:00 p.m, on November 6,
2020. Additionally, in order to receive an authorization code to attend the hearing please contact Camie Mojar
via telephone at 303-866-3567, ext. 8136 or by email at the addresses above. Please note, only Parties and those
who will be testifying may attend the meeting via ZOOM. All other interested persons may attend the hearing via
the Board's YouTube Channel at: htt s:?:'wNa-w.youtube.cont-channel UCDrrA08bIPFIOwce-vH I fWA.
This hearing format is in support of Governor Jared Polis's direction and the Colorado Department of Public
Health and Environment recommendations to limit meetings as part of the social distancing objectives set out by
the State of Colorado to help control the spread of COVID-19.
This is an im ortant le al proceeding and you must appear in person for this hearing. If you fail to appear
an order and money judgment may be entered against you. In addition, failure to appear at the hearing
may result in legal consequences including, but not limited to, loss of party status and your ability to seek
reconsideration from the Board or seek judicial appeal in district court.
1313 Sherman St. Room 215 Denver, CO 80203 P [phone] F [phone]
Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director