ENFORCE25025

• Permit No: M1977153
• IBM Index Class Name: Enforcement
• Doc Date: 8/13/2002
• Doc Name: Pending Enforcement Action
• From: DMG
• To: Denver Water
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman S[., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
July 29, 2002
Mr. Albert Frei
Albert Frei & Sons, Inc.
I 1521 Brighton Road
Henderson, CO 80640
RE: Reclamation Pit No. 1, Reason to Believe a Violation Exists, Permit No. M-77-153
Enforcement - 07/29/02 RTB Letter (Insufficient Bond)
Deaz Mr. Frei:
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MININ G•SAFE 7Y
Bill Owens
Governor
Greg E. Walther
Eze<u[ive Director
Ronald W. Cattany
Acing Division Director
On March 9, 2001 the Division of Minerals and Geology conducted an inspection of your operation and found the following: The
Operator (Albert Frei ~ Sons, Inc.) was actively de-watering and excavating below the groundwater table in the absence of an
approved temporary substitute supply plan and an approved well permit, both of which are required by the Office of the State
Engineer prior [o exposure and use of groundwater. These unapproved activities have created a significant, additional reclamation
liability not accounted for in the approved mine plan and reclamation cost estimate. The Division had offered the operator three (3)
options for resolving [his problem on page 4 of [he March 9, 2002 inspection report, and had requested that at least one of [he 3
options be completed by June 5, 2001. To date, none of the 3 options have been completed.
We believe this is ih violation of Sections 34-32.5-117(4)(b)(I) and 34-32.5-117(4)(c)(II) of [he Colorado Land Reclamation Act for
the Extraction of Construction Materials and Rules 4.2.1(1) and (2) of the Mineral Rules and Regulations for [he Extraction of
Construction Materials for failure [o post sufficient financial warranty, within 60 days of increase notice, to assure the completion of
reclamation of affected lands.
Therefore, we have reason to believe that a violation exists to Permit No. M-77-153 and to the Law, and have Scheduled this matter
before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the September ] 8-19, 2D02 Board 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 September 18, 2002 and a[
9:00 a.m. on September 19, 2002. 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. At 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 the provisions noted above.
If tha Board finds a violation at this hearing, i[ may issue a Cease and Desist order, assess a Civil Penalty in the amount of $100 to
$1000 for each day of violation, or order the permit to be suspended, modified, or revoked. In addition it may se[ the matter for
consideration of forfeiture of dte $40,800 financial warranty at a subsequent hearing. If you have evidence indicating [hat [he possible
violations noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it to [he hearing.
If you have questions, please contact Tom Schreiner at [phone].
Sincerely,
Ronald W. Cattany
Acting Division Director
Cc: Cazl Mount, DMG (E-mail)
Steve O'Brian, Environment Inc.
Certified Mail Return
Receipt Request No. 7099 3400 0013 9901 4906