ENFORCE21106

• Permit No: M1977153
• IBM Index Class Name: Enforcement
• Doc Date: 7/29/2002
• Doc Name: RTB
• From: DMG
• To: Albert Frei & Sons Inc.
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
July 29, 2002
Mr. Albert Frei
Albert Frei & Sons, Inc.
11521 Brighton Road
Henderson, CO 80640
RE: Reclamation Pit No. 1, Reason [o Believe a Violation Exists, Permit No. M-77-153
Enforcement - 07/29/02 RTB Letter (Insufficient Bond)
Dear Mr. Frei:
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFET7
Bill Owens
Govemar
Greg E. Walther
Executive Direttor
Ronald W. Cattany
Acing Division Director
On Mazch 9, 2001 the Division of Minerals and Geology conducted an inspection of your operation and found the following: The
operator (Albert Frei & Sons, Inc.) was actively de-watering and excavating below the groundwater table in the absence of an
approved temporary substitute supply plan and an approved well permit, both of which are required by the Office of [he State
Engineer prior to exposure and use of groundwater. These unapproved activities have created a significant, additional reclamation
liability no[ accounted for in [he approved mine plan and reclamation cost estimate. The Division had offered the operator three (3)
options for resolving [his problem on page 4 of the Mazch 9, 2002 inspection report, and had requested that a[ least one of the 3
options be completed by June 5, 2001. To date, none of the 3 options have been completed.
We believe this is in violation of Sections 34-32.5-117(4)(b)(I) and 34-32.5-117(4)(c)(II) of the Colorado Land Reclamation Act for
the Extraction of Construction Materials and Rules 4.2.1(1) and (2) of the Mineral Rules and Regulations for the Extraction of
Construction Materials for failure to post sufficient financial warranty, within 60 days of increase notice, to assure the completion of
reclamation of affected lands.
Therefore, we have reason to believe [hat a violation exists to Permit No. M-77-153 and to the Law, and have scheduled this matter
before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the September 18-19, 2002 Boazd meeting for consideration of possible violation. The
heazing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m. on September 18, 2002 and at
9:00 a.m. on September 19, 2002. Depending on the day that your heazing is scheduled, [his matter will begin a[ those times or as
soon thereafter as [he matter can be considered. At that hearing you will have [he opportunity to be represented and heard. It will be
reiterated that there is reason to believe that you aze 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 to
$1000 for each day of violation, or order [he permit to be suspended, modified, or revoked. In addition it may set [he matter fo[
consideration of forfeiture of the $40,800 financial warranty at a subsequent hearing. If you have evidence indicating [hat the possible
violations noted above do no[ exist or have been corrected, please provide it to us as soon as possible or being it to the heazing.
If you ha estions, please contact Tom Schreiner a[ [phone].
S' cerel ~ ~~~
Ronald W. Cattany
Acting Division Director
Cc: Carl Mount, DMG (E-mail)
Steve O'Brian, Environment Inc.
Certified Mail Return
Receipt Request No. 7099 3400 0013 9901 4906