ENFORCE24103

• Permit No: M2002053
• IBM Index Class Name: Enforcement
• Doc Date: 9/12/2002
• Doc Name: Reason to Believe a Violations Exists Failure to Comply with a Board Order
• From: DMG
• To: John R. Kurtzer
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room Z15
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 12, 2002
John R. Kurtzer
24463 CR I1
Haxtun, CO. 80731
Mazvin Ritchey
Ritchey's Redi-Mix
P.O. Box 334
Wray, CO. 80758-0334
RE: Reason [o Believe a Violation Ezis[s, Failure to Comply with a Board Order, Kurtzer Pit, File No. M-2002-053
Deaz Mr. Kurtzer and Mr. Ritchey:
DtV ISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Bill Owens
Governor
Greg E. Walther
Executive Direttor
Ronald W. Cattany
Atting Division Director
On June 26, 2002 [he Mined Land Reclamation Board ([he Boazd) issued a Board Order to John Richazd Kurtzer and Ritchey's Redi-
Mix (the Respondents). This order required the Respondents [o "Obtain a reclamation permit from the Division for the site in question
no later than August 26, 2002,"
The Division received an incomplete reclamation perrttit application for this site on June 26,2002. On Iuly 1, 2002, the Division wrote
Mr. Kurtzer and notified him of a series of Exhibits which had to be submitted before the Division could consider the application as
being submitted and begin the technical review. On July 12, 2002 the Division faxed the same letter to Mr.Kurtzer's attorney, Mr.
Robert Dee's Office.
Since the Division received [he application on June 26, 2002, it has not received any further submittals, and the Division still can not
consider the application as being submitted and can not begin the technical review. Because of these deficiencies a reclamation permit
can not be issued.
Since the Respondents have not obtained a reclamation permit by the time ordered by the Board we believe that [hey are in violation of
the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S, 34-32.5-124 Failure to comply with the
conditions of an order, permit, or regulation.
Therefore, we have reason to believe that a violation exists to File Number M 2002-053 and to [he Law, and have scheduled this matter
before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the October 16-I7, 2002 Board Meeting for consideration of possible violation The
hearing will be held in Room 318 of 1313 Sherman Street, Denver, Coloradgbeginning at 10:00 am on October 16 and at 9:00 am on
October 17. Depending on the day that your hearing is scheduled, this matter will begin at those times or as soon thereafter as the matter
can be considered. A[ that hearing you will have the opportunity to be represented and heard. It will be reiterated that [here is reason to
believe that you are in violation of [he provisions noted above.
If you have evidence indicating that the possible violation noted above do not exist or have been corrected please provide it to us as soon
as possible or bring it to the hearing.
If you T J- any questions, please contact Gregg Squire, Environmental Protection Specialist, at [phone].
t
Si erely,
,y'
„jt'on . Cattany
~~' Di ion Director
CERTIFIED MAIL NO: Kurtzer- rI DG I -aJ 10 -Q?Dt~ - Ritchey 7diG/- ~~~D - 000 ~ ~ ~d.3 - l7SS
X783 - 176
CC: Carl Mount - DMG Via e-mail
Cheryl Linden - AGO Vise-mail _ ~ /
Robert Dee- Atty. for John Kurtzer - CERTIFIED MAIL NO. 'jbp I - ~~51~ 4CO `f ~ 7t~.3 / 7~r~