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Re: Bear Ranch Gravel Mine, Permit M- 2013 -002
<br />Reason to Believe a Violation Exists for Failure to Maintain Financial Warranty
<br />Mr. Wenger:
<br />The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M- 2013 -002
<br />require you to maintain a financial warranty in good standing for the entire life of the permit. On August
<br />26, 2013 the Division of Reclamation, Mining and Safety informed you that the required monthly
<br />statement for your Financial Warranty Cash Escrow Account was to be provided to the Division by the 15th
<br />of the month for the previous month. The Division has not received the October 2013 monthly statement,
<br />therefore, there is a reason to believe you are in violation of permit M- 2013 -002 and the Law, specifically
<br />pursuant to C.R.S. 34- 32.5 -124 failure to comply with conditions of a permit, C.R.S. 34- 32.5- 117(6)(a) and
<br />Construction Materials Rule 4.1(7) for failure to maintain a financial warranty in good standing for the
<br />entire life of the permit.
<br />This matter has been scheduled to appear before the Mined Land Reclamation Board. A Formal Public
<br />Hearing will be held during the January 15 -16, 2014 Board Meeting for consideration of this possible
<br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at
<br />9:00 a.m. on January 15, 2014 or as soon thereafter as the matter can be considered. At that hearing
<br />you will have the opportunity to be represented and heard. It will be reiterated that there is reason to
<br />believe that you are in violation of the provisions noted above.
<br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and /or assess a Civil
<br />Penalty in the amount of $100.00 to $1,000.00 for each day of violation. If you have evidence indicating
<br />that the possible violation noted above does not exist or has been corrected, please provide it to us as
<br />soon as possible or bring it to the hearing.
<br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's
<br />order before it becomes final. If you wish to do so, you must provide the Board with a written request
<br />to review the draft order prior to or at the time of your hearing, or you must inform the Board orally
<br />during the hearing that you request to review the draft order. You must include your mailing address
<br />and, if possible, a fax or email address. You will be provided a copy of the draft order by e-mail for your
<br />review as soon as it is available, unless a hard copy by mail is requested. The Board's attorney must
<br />receive your comments on the draft order within three calendar days of the date the draft order is e-
<br />mailed, unless that deadline is extended by the Board's attorney. Submit all comments in writing, by
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
<br />STATE OF COLORADO
<br />DIVISION OF RECLAMATION, MINING AND SAFETY
<br />1.5-002,-
<br />Department of Natural Resources
<br />Mao
<br />1313 Sherman St., Room 215
<br />"10
<br />Denver, Colorado 80203
<br />COLORADO
<br />Phone: (303) 866 -3567
<br />RECLAMATION
<br />FAX: (303) 832 -8106
<br />M I N I N G
<br />SAFETY
<br />December 2, 2013
<br />John W. Hickenlooper
<br />Governor
<br />Mr. John C Weger
<br />Bear Ranch LLC
<br />Mike King
<br />Executive Director
<br />1601 Forum Place Suite 307
<br />West Palm Beach, FL 3401
<br />Loretta
<br />Di a torE. Pineda
<br />Re: Bear Ranch Gravel Mine, Permit M- 2013 -002
<br />Reason to Believe a Violation Exists for Failure to Maintain Financial Warranty
<br />Mr. Wenger:
<br />The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M- 2013 -002
<br />require you to maintain a financial warranty in good standing for the entire life of the permit. On August
<br />26, 2013 the Division of Reclamation, Mining and Safety informed you that the required monthly
<br />statement for your Financial Warranty Cash Escrow Account was to be provided to the Division by the 15th
<br />of the month for the previous month. The Division has not received the October 2013 monthly statement,
<br />therefore, there is a reason to believe you are in violation of permit M- 2013 -002 and the Law, specifically
<br />pursuant to C.R.S. 34- 32.5 -124 failure to comply with conditions of a permit, C.R.S. 34- 32.5- 117(6)(a) and
<br />Construction Materials Rule 4.1(7) for failure to maintain a financial warranty in good standing for the
<br />entire life of the permit.
<br />This matter has been scheduled to appear before the Mined Land Reclamation Board. A Formal Public
<br />Hearing will be held during the January 15 -16, 2014 Board Meeting for consideration of this possible
<br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at
<br />9:00 a.m. on January 15, 2014 or as soon thereafter as the matter can be considered. At that hearing
<br />you will have the opportunity to be represented and heard. It will be reiterated that there is reason to
<br />believe that you are in violation of the provisions noted above.
<br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and /or assess a Civil
<br />Penalty in the amount of $100.00 to $1,000.00 for each day of violation. If you have evidence indicating
<br />that the possible violation noted above does not exist or has been corrected, please provide it to us as
<br />soon as possible or bring it to the hearing.
<br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's
<br />order before it becomes final. If you wish to do so, you must provide the Board with a written request
<br />to review the draft order prior to or at the time of your hearing, or you must inform the Board orally
<br />during the hearing that you request to review the draft order. You must include your mailing address
<br />and, if possible, a fax or email address. You will be provided a copy of the draft order by e-mail for your
<br />review as soon as it is available, unless a hard copy by mail is requested. The Board's attorney must
<br />receive your comments on the draft order within three calendar days of the date the draft order is e-
<br />mailed, unless that deadline is extended by the Board's attorney. Submit all comments in writing, by
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
<br />
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