2013-08-26_ENFORCEMENT - M2013002

• Permit No: M2013002
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/26/2013
• Doc Name: Failure to Maintain Financial Warranty
• From: DRMS
• To: Bear Ranch LLC
• Email Name: DMC
• Email Name: GRM
• Email Name: BJC
• Media Type: D
• Archive: No

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DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
STATE OF COLORADO
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COLORADO
D I V I S I O N OF
RECLAMATION
MINING
SAFETY
August 26, 2013 John W. Hickenlooper
Governor
Mr. John C We er Mike King
g Executive Director
Bear Ranch LLC
1601 Forum Place Suite 307 Loretta E. Pineda
West Palm Beach, FL 3401 Director
RE: Failure to Maintain Financial Warranty: Bear Ranch Gravel Mine, Permit M- 2013 -002
IMMEDIATE ACTION REQUIRED – Submittal Financial Warranty Monthly Statement
Dear Mr. Weger:
The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M- 2013 -002 require you
to maintain a financial warranty in good standing for the entire life of the permit. On June 12, 2013 the Division of
Reclamation, Mining and Safety accepted your Financial Warranty Cash Escrow Agreement in the amount of
$49,400.00. Per the terms of the Cash Escrow Agreement executed by Bear Ranch LLC and Gunnison County
Abstract Company, "the Escrow Agent shall provide both the Operator and the Board a monthly account statement
detailing the activities and interest earned on the Escrow Funds, the cost and market value of the Escrow Funds and the
balances of the various types of instruments into which the Escrow Funds are invested."
As of the mailing of this letter the Division has not received the July 2013 monthly statement. If you fail to provide a
the required monthly statement for July 2013 by September 6, 2013, the Division has reason to believe you are in
violation of permit M- 2013 -002 and the Law, specifically: Failure to maintain a financial warranty in good standing
for the life of the permit as required by C.R.S. 34- 32.5- 117(6)(a) and Rule 4.1(7). You will be scheduled for an
Enforcement Hearing before the Mined land Reclamation Board, October 16 -17, 2013, for consideration of the
violation, which may include civil penalties, permit revocation, and possible financial warranty forfeiture.
Hereafter, if you fail to provide a the required monthly statement for each month by the 15d' of the following month,
the Division will issue a Reason To Believe Notice that a violation exists for failure to maintain a financial warranty in
good standing for the entire life of the permit.
IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT THE REQUIRED FINANCIAL
WARRANTY CASH ESCROW MONTHLY STATEMENTS AS SOON AS POSSIBLE.
If you have any questions, please contact me at 303 - 866 -3567 x8148.
—Iuakti/ , / 6
Barbara Coria
Financial Assurance Specialist
CERTIFIED MAIL# 7010 1060 0001 0936 5500, Return Receipt Requested\
Cc: Mr. Robert Gill, Bear Ranch LLC
Dustin Czapla, Division of Reclamation, Mining and Safety
Russ Means, Division of Reclamation, Mining and Safety
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines