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
7313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
July 29, 2002
DIVISION O E
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Mr. Dean Craft Bill Owens
Subtuban Sand & Gravel Co. Governor
5400 Fenton SVee[ Greg E. Wakher
Executive Director
Arvada, CO 80002
Ronald W. Cattany
Acting Division Director
RE :Road Runners Rest II, Reason [o Believe a Violation Exists, Permit No. M-79-195
Class: Enforcement - 07/29/02 RTB Letter (Hydro Balance)
Deaz Mr. Craft:
On Mazch 9, 2001 the Division of Minerals and Geology conducted an inspection of your operation and found the following: The
operator (Suburban Sand & Gravel Co.) had failed to comply with the approved mine plan by actively de-watering and excavating
below the groundwater table in [he absence of an approved temporary substitute supply plan and an approved well permit, as required
by the Office of [he Slate Engineer. By carrying out these unapproved activities, the operator has failed to provide the necessary
assurance that disturbances to the prevailing hydxologic balance of the affected land and of the surrounding azea during mining and
reclamation will be minimized. This is particulazly significant as there are a number of surface and groundwater users in close
proximity [o the affected land. Since [he operator began [he unapproved de-watering activities, the Division has received four (4)
citizen complaints from surface and groundwater users neaz [he affected land. In the Mazch 9, 2002 inspection report the operator was
asked [o correct ttlis problem by June 5, 2001. This problem has not been corrected.
We believe this is in violation of Section 34-32.5-116(4)(h) of the Colorado Land Reclamation Act for the Extraction of Construction
Materials and Rule 3.1.6(1) of the Rules and Regulations for the Extraction of Construction Materials for failure [o minimize
disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity of water in
surface and groundwater systems during the mining operation.
A Forma] Public Heazing 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, beginnine 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, this matter will begin at those times or as
soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and heazd. I[ will be
reiterated that there is reason to believe [hat you are in violation of the provisions noted above. If the Board finds a violation at this
hearine, it may issue a Cease and Desist order, assess a Civil Penalty in [he amount of $100 to $1000 for each day of violation, or
order the permit [o be suspended, modified, or revoked. In addition it may set the matter for consideration of forfeiture of [he
$120,000 financial warranty at a subsequent hearing. If you have evidence indiw[ing that the possible violations noted above do no[
exist or have been corrected, please provide it to us as soon as possible or bring it to [he heazing.
If you have questions, please contact Tom Schreiner at [phone]
Sincerely,
Ronald W. Cattany
Division Director
Ca Carl Mount, DMG (via E-mail)
Steve O'Brian, Environment Inc.
Certified Mail Retum
Receipt Request No. 7099 3400 0013 9901 4487