2014-01-03_ENFORCEMENT - M2003003

• Permit No: M2003003
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 1/3/2014
• Doc Name: RTB Letter
• From: DRMS
• To: Consolidated Constructors
• 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]
STATE OF COLORADO
COLORADO
] D I V I S I O N OF
RECLAMATION
MINING
SAFETY
January 3, 20141/ John W. Hickenlooper
Governor
Mike King
Joe Kozimor Executive Director
Consolidated Constructors Loretta Pineda
Director
P.O. Box 629
Farmington, NM 87499
RE: Reason to Believe a Violation Exists, Scheduling of Board Hearing
Amzak Pit, Permit No. M- 2003 -003 ✓
Dear Mr. Kozimor:
On September 19, 2013 The Division of Reclamation, Mining, and Safety (Division) conducted a
monitoring inspection of the above site. As part of that review, the financial warranty was
recalculated to determine the adequate amount for reclamation based on the current disturbance
at the site at the current costs, in accordance with Rule 4.2.1 of the Rules and Regulations. On
October 8, 2013, the Division notified you that the bond for this site had been increased from the
$118,787.00 the Division currently holds, to $133,165.00, an increase of $14,378.10. The notice
of financial warranty increase advised that the additional bond needed to be submitted within 60
days of the notice. The deadline for submittal of the additional financial warranty was December
7, 2013. The Division has not received the additional financial warranty.
Therefore, the Division believes this is in violation of the Colorado Land Reclamation Act for
the Extraction of Construction Materials, C.R.S. 34- 32.5 -101 et. seq., and specifically C.R.S.
3432.5117 (4)(c)(II) for failure of the financial warrantor fulfill the new requirements within
sixty days after the date of notice of an adjustment. An additional violation may exist per C.R.S.
34- 32.5- 117(2) for failure to abide by the written promise made by the operator to the board to
comply with this article and C.R.S. 34- 32.5- 118(1) and (1)(b), which states, a financial warranty
shall be subject to forfeiture whenever the board determines that... "The operator is in default
under a performance warranty and has failed to cure such default although the operator has been
given written notice and has had ample time to do so." Therefore, the Division has found reason
to believe violations exist to the Law and has scheduled this matter before the Mined Land
Reclamation Board (Board).
A Formal Board Hearing will be held during the February 19 & 20, 2014 Board meeting for
consideration of the possible violation. The hearing will occur at 1313 Sherman Street, Room
318, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be
considered. At the hearing you will have opportunity to be represented and heard.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines