ENFORCE24842

• Permit No: M1977195
• IBM Index Class Name: Enforcement
• Doc Date: 3/17/2006
• Doc Name: Reason to Believe a Violation Exists
• From: DMG esc
• To: Hard Rock Paving & Redi-Mix Inc.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7313 Sherman St., Room 275
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
March 17, 2006
COLORADO
DIVISION O F
MINERALS
GEOLOGY
0.EClANAT10N•NINING
SAFETT•SCIENCE
Bill Owens
Governor
Russell George
Ms. Denise Gonzales Executive Director
Hard Rock Paving &Redi-Mix, Inc. Ronald w. Cattany
P.O. Box 1720 Division Director
Canon City, CO 81215 Natnal Resource trustee
RE: Reason to Believe a Violation ExistsBoard Hearing
Hard Rock Paving &Redi-Mix, Inc.; Hard Rock 291 Pit; Permit No. M-1977-195
Dear Ms. Gonzales,
On November 7, 2005, the Division of Minerals and Geology notified Hard Rock Paving &Redi-Mix, Inc.
of a surety increase for the above permit, based on the commitments in the approved permit with regazd to
reclamation; observations made during inspections of the site conducted on September 7, 2005; and known
conditions at the site. The bond currently held for the site is $5,000.00. The new bond amount calculated
for the site is $14,000.00. Therefore the increase amount was set at $9,000.00. Hazd Rock Paving & Redi-
Mix, Inc. was given sixty (60) days to post the additional bond. The deadline for posting the additional
bond was January 31, 2006. Hazd Rock Paving &Redi-Mix, Inc. failed to submit the additional bond as
required by the assigned deadline.
Therefore, the Division believes the Operator to be in possible violation of the Colorado Land Reclamation
Act for the Extraction of Construction Materials Rules and Regulations, specifically: C.R.S. 34-32.5-
117(4)(b)(I) for failure to maintain sufficient financial wan•anty to assure the completion of reclamation on
the affected land, and C.R.S. 34-32.5-117(4)(c)(II) for failure to submit a fmancial warranty within 60 days
of adjustment.
A Formal Public Hearing will be held during the May 10`" and l 1`s 2006 Board meeting for consideration
of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on May lOs', and at 9:00 a.m. on May 11`s or as soon thereafter as the matter can
be considered. At that hearing you will have the opportunity to be represented and heard. It will be
reiterated that there is 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, and/or order the permit be suspended,
modified, or revoked. If you have evidence indicating that the possible violations noted above do not
exist or have been corrected, please provide it to the Division as soon as possible or bring it to the
hearing.
Following the hearing, the parties will have an opportunity to review and comment on a draft of the
Boazd's order if requested. If you wish to do so, you must provide the Board with a written request to
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey