ENFORCE20942

• Permit No: M1981235
• IBM Index Class Name: Enforcement
• Doc Date: 4/29/2005
• Doc Name: RTB Ltr.
• From: DMG
• To: Webster Sand & Gravel
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215 lr Q I. ~ RA D ~
Denver, Colorado 80203 O 1 v 1 S t O N O r
RA I
M I N
S
Phone: [phone] .
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FAX: [phone] G E O L O G Y
0.ECLANATION•NINING
SAf ETY•f CIfNCE
Bill Owens
April 29, 2005 covemor
Russell George
Mr. Daryl R. Webster Ezecutive Director
Webster Sand & Gravel Ronald W. Cattany
P.Q. BOX $41704 Division Direttor
Grand Prairie, TX 75054-1704 Natural Resource Trustee
RE: Reason to Believe a Violation Exists/Board Hearing
Webster Sand & Gravel, Permit No. M-1981-235
Dear Mr. Webster:
On February 2, 2005, the Division of Minerals and Geology notified Webster Sand & Gravel of a surety
increase for the above permit, based on the commitments in the approved permit with regard to
reclamation; observations made during inspections of the site conducted on August 26, 2004 and aerial
photos taken on September 17, 2004; and known conditions at the site. The bond cturentlyheld for the site
is $33,500.00. The new bond amount calculated for the site is $358,800.00. Therefore the increase amount
was set at $325,300.00. Webster Sand & Gravel was given sixty (60) days to post the additional bond,
submit a revision to change the reclamation plan or demonstrate that sufficient topsoil is present on site for
an 8" replacement depth, therefore, possibly reducing the required bond. The deadline for posting the
additional bond, submitting a revision or providing a topsoil demonstration was April 14, 2005. Webster
Sand & Gravel failed to fulfill any of the above requirements by the assigned deadline.
Therefore, the Division believes the Operator to be in possible violation of the Colorado Land
Reclamation Act for the Extraction of Construction Materials Rules and Regulations, specifically:
C.R.S. 34-32.5-117(4)(b)(I) for failure to maintain sufficient financial warrantyto assure the completion
of reclamation on the affected land, and C.R.S. 34-32.5-117(4)(c)(In for failure to submit a financial
warranty within 60 days of adjustment.
A Formal Public Hearing will be held during the June 14th and 15a' Boazd meeting for consideration of a
possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on June 14`", and at 9:00 a.m. on June 15th or as soon thereafter as the matter can be
considered. At that hearing you will have the opportunity to be represented and heard. It will be reiterated
that there is reason to believe that you are in violation of the provisions noted above.
If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in
the amount of $100.00 to $1,000.00 for each day of violation, and/or order the permit be suspended,
modified, or revoked. If you have evidence indicating that the possible violations noted above do not exist or
have been corrected, please provide it to the Division as soon as possible or bring it to the hearing.
Office of Office of Colorado
Mined Land Rxlama[ion Active and Inactive Mines Geological Survey