ENFORCE21986

• Permit No: M1979195
• IBM Index Class Name: Enforcement
• Doc Date: 8/13/2002
• Doc Name: Pending Enforcement Action
• From: DMG
• To: Denver Water
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Oenver, Colorado 80203
Phone: [phone]
FAX: [phone]
July 29, 2002
Mr. Dean Craft
Subtrban Sand & Gravel Co.
5400 Fenton Street
Arvada, CO 80002
RE: Road Runners Res[ II, Reason to Believe a Violation Exists, Permit No. M-79-195
Enforcement - 07/29/02 RTB Letter (Insufficient Bond)
Dear Mr. Craft:
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFET7
Bill Owens
Governor
Greg E. Walther
Executive Director
Ronald W. Cattany
Acting Division Director
On March 9, 2001 the Division of Minerals and Geology conducted an inspection of your operation and found the following: The
operator (Suburban Sand & Gravel Co.) was actively de-watering and excavating below [he 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 the 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 this problem on pages 4 and 5 of the Mazch 9, 2002 inspection report, and had requested that at 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-ll7(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 [he Mineral Rules and Regulations for the Extraction of
Construction Materials for failure to post sufficient financial warranty to assure completion of reclamation of affected lands within 60
days after date of notice of a financial warranty adjustment.
Therefore, we have reason to believe [hat a violation exists to Permit No. M-79-195 and to the Law, and have scheduled this matter
before [he Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the September 18-19, 2002 Board meeting for consideration of possible violation. The
hearing 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 hearing is scheduled, this matter will begin a[ those times or as
soon thereaher as the matter can be considered. A[ that hearing you will have [he opportunity [o 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 to
$1000 for each day of violation, or order the permit to be suspended, modified, or revoked. In addition it may set the matter for
consideration of forfeiture of the $40,800 financial warranty at a subsequent hearing. If you have evidence indicating that the possible
violations noted above do not exist or have been corrected, please provide i[ [o us as soon as possible or bring it to the hearing.
If you have questions, please contact Tom Schreiner at [phone].
Sincerely
Ronald W. Cattany
Division Director
Cc: Car] Mount, DMG (E-mail)
Steve O'Brian, Environment Inc.
Certified Mail Retucn
Receipt Request No. 7099 3400 0013 9901 4494