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2024-08-06_ENFORCEMENT - M2018029
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2024-08-06_ENFORCEMENT - M2018029
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Entry Properties
Last modified
8/15/2024 9:03:14 AM
Creation date
8/6/2024 8:29:00 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2018029
IBM Index Class Name
Enforcement
Doc Date
8/6/2024
Doc Name
Reason to Believe a Violation Exists - Notice
From
DRMS
To
Bernard Montoya - White Wolf Construction & Landscaping, LLC
Email Name
CMM
MAC
GRM
JLE
AMG
Media Type
D
Archive
No
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CCCOLORADO <br /> • © Division of Reclamation, <br /> . DNR Mining and Safety <br /> Department of Natural Resources <br /> August 6, 2024 <br /> Bernard Montoya <br /> White Wolf Construction & Landscaping, LLC <br /> 24541 Highway 12 <br /> Trinidad, CO 81082 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> White Wolf Construction Borrow Pit; Permit M-2018-029 <br /> Dear Mr. Montoya: <br /> On June 25, 2024, the Division of Reclamation Mining and Safety (Division/DRMS) sent its <br /> Third and Final Attempt letter for Verification of Financial Warranty Letter of Credit. To date, <br /> the Division has not received verification that the Letter of Credit is currently being held at a <br /> financial institution with the State of Colorado as the beneficiary in the amount of$3,628.00. <br /> This Letter of Credit is currently serving as the required financial warranty for reclamation of the <br /> White Wolf Construction Borrow Pit, M-2018-029. Based on these findings we believe this is a <br /> violation of: <br /> • C.R.S. 34-32.5-117(6)(a) for failure to maintain financial warranties in good standing for <br /> the entire life of any permit issued under this article. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et s_q., and <br /> have scheduled this matter to appear before the Mined Land Reclamation Board ("MLRB" or <br /> "Board"). <br /> A Formal Public Hearing will be held during the September 18-19. 2024 Board Meeting for <br /> consideration of this possible violation. The hearing will be held at 1313 Sherman Street, Room <br /> 318, Denver, Colorado, beginning at 9:00 a.m. on September 18th or as soon thereafter as the <br /> matter can be considered. In order to be considered at the hearing, all exhibits, materials and <br /> witness testimony you wish for the Board to consider must be submitted via email to the MLRB <br /> Administrator, Camie Mojar at: dnr_drms_mlrb-submittals@state.co.us, no later than 5:00 PM, <br /> September 6, 2024. <br /> If you have good cause not to appear in person you must submit a request to the MLRB to appear <br /> virtually(via ZOOM). To do so, please submit an email to the MLRB Administrator, no later <br /> than 5:00 PM on September 13, 2024 for Board consideration. If approved you will receive an <br /> '"qv (-O2o\ <br /> /�``' A , �9\ <br /> Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 I iN,77 ,^ ,o+ <br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 httos://drms.colorado.Qov �,1\ ),,, <br /> Jared S. Polls, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director „; z., <br />
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