ENFORCE21650

• Permit No: M1994121
• IBM Index Class Name: Enforcement
• Doc Date: 6/17/2004
• Doc Name: Notice of Possible Violation
• From: DMG
• To: Lucio Vasquez
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 27 5
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
June 17, 2004
Mr. Lucio Vasquez
2525 I-25 W. Frontage Road
Erie, CO 80516

RE: Lucio Vasquez; Vasquez Quarry No. 2; Permit No. M-1994-121
Notice of Possible Violation
Dear Mr. Vasquez,
OLORADO
[VISION O F
LINERALS
EOLOGY
:LAMATION•NINING
SAFETY•SOEN CE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On December 10, 2003, the Division ofMinerals and Geology informed Lucio Vasquez ofthe increase in
financial warranty for the permit referenced above pursuant to 34-32.5-117(4)(c)(I)(A) of the Colorado
Land Reclamation Act for the Extraction of Construction Materials. The Division raised the financial
warranty from $1,491.00 to $7,670.00 in accordance with the approved reclamation plan. The bond
increase was due no later than Apri130, 2004.
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 warranty to assure the completion of
reclamation on the affected land, and C.R.S. 34-32.5-117(4)(c)(II) for failure to submit a financial
warranty within 60 days of adjustment.
The Division will schedule this matter before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the July 28-29, 2004 Boazd meeting for consideration of the
possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on July 28a' or beginning at 9:00 a.m. on July 29`", or as soon thereafter on each
of those days or as soon thereafter as the matter can be considered. At that hearing you will have the
opportunity to be represented and heazd. It will be reiterated that there is reason to believe that you are in
violation of the provisions noted above.
Ifthe 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. If you have evidence indicating that the
possible violations noted above do not exist or have been corrected, please provide it to us as soon as
possible or bring it to the hearing.
Following the hearing, all parties have an opportunity to review and comment on a draft of the
Boazd's order before it becomes final. Lf you wish to do so, you must provide the Boazd with a
written request to review the draft order prior to or at the time of your hearing, or you must inform the
Boazd orally during the hearing that you request to review the draft order. You must include your
mailing address and, if possible, a fax or email address. You will be provided a copy of the draft
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey