ENFORCE21668

• Permit No: M1985184
• IBM Index Class Name: Enforcement
• Doc Date: 2/10/2004
• Doc Name: Notice of Possible Violation
• From: DMG
• To: Killion Supply
• Media Type: D
• Archive: No

¢a-L~ P~'plt
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7313 Sherman 5t., Room 275
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
February 10, 2004
COLORADO
DIVISION OF
MINERALS
GEOLOGY
0.ECLA MATION•MINING
SAFETY•SCIEN CE
Bill Owens
Mr. Brian Killion / cGVemGr
Killion Supply Russell George
862 W. Willox Lane Executive Director
Fort Collms, CO 80524 Ronald w. Cattany
Division Director
Natural Resource Trustee
RE: Killion Supply; Permit No. M-1985-184
Notice o_ f P ~~~hie Violation
Dear Mr. Killion,
On December 2, 2003, the Division ofMinerals and Geology informed Killion Supply ofthe increase in
financial warranty for the permit referenced above pursuant to 34-32.5-117(4)(c)(I)(A) ofthe Colorado
Land Reclamation Act for the Extraction of Construction Materials. The Division raised the financial
warranty from $14,500.00 to $40,000.00 in accordance with the approved reclamation plan of Technical
Revision O1 (TR-O1). The bond increase was due no later than February 4, 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)O7 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 Mazch 30-31, 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 Mazch 30`" or beginning at 9:00 a.m. on Mazch 31S`, 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 heard. It will be reiterated that there is reason to believe that you are in
violation of the provisions noted above.
Ifthe Boazd 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 fmal. If 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
Office of
Mined Land Reclamation
Office of
Active and Inactive Mines
Colorado
Geological Survey