1985-04-19_ENFORCEMENT - M1983089

• Permit No: M1983089
• IBM Index Class Name: Enforcement
• Doc Date: 4/19/1985
• Doc Name: DOUGLAS PIT FN 83-89
• From: MLRD
• To: COLO MARKETING ASSOCIATES INC
• Media Type: D
• Archive: No

eo
o DEPARTMENT OF NATURAL RESOURCES sse
i * David H.Getches,Executive Director
MINED LAND RECLAMATION DIVISION
1876 D"ID C.SHELTON, Director
Richard D.Lamm
Governor
v
April 19, 1985
Mr. Jeff Smythe
Colorado Marketing Associates, Inc.
4900 S. Interstate 25
Castle Rock, Colorado 80104
Re: Douglas Pit - File No. 83-89
r Mr. Smythe:
Enclosed please find the original Financial Warranty - Letter of Credit form
submitted to us to accompany Letter of Credit No. 83-15 from the Bank of
Applewood. The letter of credit has been returned to the bank as per their
request, and the financial warranty form is being returned to you due to its
replacement with a $5,000.00 Certificate of Deposit on April 3, 1985 (as per
the order of the Mined Land Reclamation Board). The replacement of the
financial warranty on April 3, 1985 complied with the Board's terms for total
suspension of the $5,500.00 civil penalty levied against Colorado Marketing
Associates by the Board on March 27, 1985. Thus, this civil penalty has now
been totally suspended.
Another matter, however, needs to be brought up at this time. On March 19,
1985, two of our reclamation specialists, Camille Farrell and Philip Saletta,
inspected the Douglas Pit. Shortly thereafter, you were sent a report of that
inspection which set a deadline date of April 15, 1985 by which you were to
respond to the report to avoid Board consideration of conditions on site which
might constitute a violation to permit number 83-89. To date, our Division
has not received any reply to our inspection report.
Therefore, during the April 24-25, 1985 meeting of the Mined Land Reclamation
Board, the Board will consider whether or not there is reason to believe a
violation to permit number 83-89 and/or the Mined Land Reclamation Act has
occurred as a result of the conditions in and around the Douglas Pit permit
area described in the report of our March 19, 1985 inspection. If the Board
finds that there is reason to believe that a violation has occurred, the
matter will be set for a Formal Public Hearing (most probably during the May
22-23, 1985 meeting) to consider a possible Notice of Violation, possible
Cease and Desist Order, possible corrective actions for the violation, and
possible civil penalties against you for any violation found. You would
receive at least twenty days notice of any such formal public hearing.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]