2003-11-07_ENFORCEMENT - M2000032 ‎(2)‎

• Permit No: M2000032
• IBM Index Class Name: Enforcement
• Doc Date: 11/7/2003
• Doc Name: Enforcement File-RTB Ltr.
• From: DMG
• To: M.A. Concrete Construction Inc.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: (303) 832$106
November 7, 2003
r
Mr. Martin Azcatraga
M. A. Concrete Construcfion, Inc.
2323 River Road
Grand Junction, Colorado 81505

RE: Monument View Gravel Pit, Pemut No. M-2000-032
Dear Mr. Azcarraga:
-' ~ ~t~,~ ~~ 1e
`'~T ~ ~ ~~
COLORADO
DIVISION O E
MINESRALS
GEOLOGY
REC IAM ATION•MINING
SAFETY•SCIENCE
Bill Owens
Governor
Greg E. Walther
Executive DlreC[Gr
Ronald W. Cottony
Division Director
Natural Resource Trustee
On August 21, 2003 the Division of Minerals and Geology approved your application for Technical Revision No. 1
(TR-Ol) to Permit No. M-2000-032.The TR-Ol approval letter mailed to you August 28, 2003, specified that an
additional bond in the amount of $392,384.00 must be submitted to DMG no later than October 17, 2003. To date,
this financial warranty has not been received by DMG. Therefore, the site is currently under-bonded.
The Division believes this is in violation of: Section 34-32.5-117(4) of the Colorado Land Reclamation Act for the
Extraction of Construction Materials 34-32.5-101 et. sec .., C. R. S. 1984 as Amended.
Therefore, the Division has found reason to believe a violation exists to Permit M-2000-032 and the Law and has
scheduled this matter before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the December 16-17, 2003 Board meeting for consideration of possible
violation(s). The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m.
on the 16th, and 9:00 a.m. on the 17th, or as soon thereafter as the matter can be considered and you will have the
opportunity to be represented and heazd. It will be reiterated that there is reason to believe that you are in violation of the
provisions noted above.
If the Boazd 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 pem3it be suspended, modified or revoked. In addition it may
set the matter for consideration of forfeiture of the $294,279.00 financial warranty at a subsequent hearing. If you have
evidence indicating that the possible violation(s) noted above do not exist or have 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 Boazd'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 Boazd must receive any comment within five days following
your receipt of the draft order, unless that deadline is extended. Submit all comments in writing to Tyson Powell,
Assistant Attorney General, 1525 Sherman St., 51° Floor, Denver, Co 80203, Fax # [phone]. The Board will
resolve any issues regazding the form of an order. This process does not affect your right to request reconsideration by
the Boazd or to appeal the substance of the order.
If you need additional information, please contact Steve Shuey at the Division of Minerals and Geology, Grand Junction
Office of Office of Colorado
Mined Land Reclamation Active and Inattive Mines Geological Survey