ENFORCE23448

• Permit No: M1998103
• IBM Index Class Name: Enforcement
• Doc Date: 10/1/2003
• Doc Name: RTB
• From: DMG-jd1
• To: Homer Monks Construction Inc
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215 C ~ I, O RA D O
Denver, Colorado 80203 DIVISION O F
Phone: [phone] N4 I l~] &RA L $
FAX: [phone] G E O L O G Y
REC LAMATION•MIN ING
SAf ETY•SCIENCE
October 1, 2003 Bill Owens
Govemar
Pa MOnkS
Ms Greg E. wakher
. Executive Director
Homer Monks Construction, hrC.
Ronald W. Cattany
110 A Avenue Division Director
Limon, CO. 80828 Natural Resource Trustee
RE: Reason To Believe a Violation Exists, Permit No. M-1998-103
Dear Ms. Monks:
On September 28, 2003, the Division of Minerals and Geology conducted a search of your permit file and found
that Homer Monks Construction, Inc. did not submit the required bond increase within 60-days after being
notified of the adjustment in the Financial Warranty.
The Division believes this is in violation o£ C.R.S. 34-32.5-117(4)(c)(II) for failure to fulfill the new Financial
Warranty requirements within sixty (60) days after the date of notice of an adjustment.
Therefore, the Division has folmd reason to believe a violation exists to Permit M-1998-103 and the Law and
has scheduled this matter before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the November 19-20, 2003 Boazd 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 the 19`" and 9:OOAM on the 20`", or as soon thereafter as the matter can be considered, and you
will have the opportunity to be represented and heard. It will be reiterated that there is a 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 $100.00 to $1,000.00 for each day of violation, or order the permit be suspended, modified or
revoked. In addition it may set the matter for consideration of forfeiture of the $18,100.00 financial warranty at
a subsequent hearing. If you have evidence indicating that the possible violation noted above does not exist or
has 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 Board's order
before it is issued. If you wish to do so, you must provide the Board a written request to review the draft order
at your hearing. You must include your mailing address and, if possible, a fax number or email address. You
will be provided a copy of the draft order for your review as soon as it is available. The Board must receive any
comment within five days following your receipt of the drag order, unless that deadline is extended. Submit all
comments in writing to Gerald Rome, Assistant Attorney General, 1525 Sherman Street, 5'h Floor, Denver, CO
80203, FAX # [phone]. The Board will resolve any issues regarding the form of the order. This process
does not affect you right to request reconsideration by the Board or appeal the substance of the order.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey