ENFORCE22087

• Permit No: M1977443
• IBM Index Class Name: Enforcement
• Doc Date: 6/22/2005
• Doc Name: RTB Ltr- Inadeq. Bond
• From: DMG
• To: Hardrock Sand and Gravel
• Media Type: D
• Archive: No

~/~ STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY I'' ~^'1
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone] t~ _ T J
FAX: [phone] R~ a/ LI ~, ZN4PC'y. ~'Lt~
June 22, 2005 1
Mr. Pat Weber
Hardrock Sand and Gravel '/~
P.O. Box 141
Craig, CO 81626
®p-~ COLORADO
DIVISION O F
~~~G-~N~~ MINERALS
GEOLOGY
~~ Cy~C~~ RECLANATION•NINING
~YV SAf ETY.SCIENCE
Bill Owens
Governor
Russell George
Ezecmive Director
' Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Reason to Believe a Violation ExistsBoard Hearing
Hardrock Sand and Gravel, Permit No. M-1977-1143, Inadequate Bondi
Dear Mr. Weber:
On Apri121,2005, the Division ofMinerals and Geology inspected Hazdrock Sand a13d Gravel's Moon Pit
#2 and observed that approximately five acres ofperrnitted area is nearly all disturbed. A reclamation cost
of $12,500.00 was calculated. At the current time the financial warranty is $2,500.00. A copy of this
inspection report and bond calculation is enclosed. The inadequate financial warranty was cited as a
problem in the Apri121, 2005 inspection report and the operator was asked to either submit a replacement
warranty of $12,500.00 or a supplemental warranty of $10,000.00 no later than July 5, 2005. As an
alternative the operator was given the option to perform reclamation activities to reduce the current liability
to an amount equal to or less than $2,500.00. As of July 22, 2005 the Division has not received any
additional financial warranty or any evidence that any additional reclamation work has been performed.
This failure to provide additional financial warranty or of doing reclamation work activities appears to
be in violation of the Colorado Land Reclamation Act for the Extraction of Constnlction Materials (The
Act) Section 34- 32.5-117 (4) (c) (I) "The board may: (A) From time to time and for good cause
shown, increase or decrease the amount and duration of a required financial warranty;" Therefore, the
Division believes you to be in possible violation of Section 34-32.5-117 (4) (c) (I) (A) for failure to
provide an adequate financial warranty.
A Formal Public Hearing will be held during the September 14-15, 2005 Board meeting for consideration of
this possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on Septemberl4`h, and at 9:00 a.m. on June 15a' 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 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 $100.00 to $1,000.00 for each day of violation, and/or order the permit be suspended,
modified, or revoked. If you have evidence indicating that the possible violations rioted above do not exist or
have been corrected, please provide it to the Division as soon as possible or bring it to the hearing.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey