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STATE OF COLORADO <br />DIVISION OF MINEIIAIS AND GEOLOGY <br />Department a( Natural Resources <br />1313 Sherman St., Room Its <br />Denver. Colorado BOIOI <br />ta,w,e: DDI) a663567 <br />FA7(: l>a71 a32-0106 <br />April 29, 2005 <br />Mr. Daryl R. Webster <br />Webster Sand & Gravel <br />P.O. Box 541704 <br />Grand Prairie, TX 75054-1704 <br />RE: Reason to Believe a Vloladon ExisbBosrd Hearing <br />Webster Sand & Gravel, Permit No. M-1981-235 <br />Dear Mr, Webster: <br />COLORADO <br />orvtsroN or <br />M1N~RALS <br />GEO OGY <br />ORI ovens <br />coven,or <br />Ruxell George <br />E>cecutire DirnYW <br />Ronald W. cumny <br />Division Dlnxtor <br />Natant Reaumtt Trwae <br />On February 2, 2005, the Division ofMinerals and Geology notified Webster Sand & Gravel of a surety <br />increase for the above permit, based on the commitments in the approved. permit with regard to <br />reclamation; observations made during inspections of the site conducted on August 26, 2004 and aerial <br />photos taken on September 17, 2004; and known conditions at the site. The bond currentlyheld for the site <br />is $33,500.00. The new bond amount calculated for the site is $358,800.00. Therefore the ircrease amount <br />was set at $325,300.00. Webster Sand & Gravel was given sixty (60) days to post the additional bond, <br />submit a revision to change the reclamation plan or demonstrate that sufficient topsoil is present on site for <br />an 8" replacement depth, therefore, possibly reducing the required bond. The deadline for posting the <br />additional bond, submitting a revision or providing a topsoil demonstration was April 14, 2005. Webster <br />Sand & Gravel failed to fulfill any of the above requirements by the assigned deadline. <br />Therefore, the Division believes the Operator to be in possible violation of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials Rules and Regulations, specifically: <br />C.R. S. 34-32.5-117(4)(b)(I) for failure to maintain sufficient financial warranty to assure the completion <br />of reclamation on the afYected land, and C.R.S. 34-32.5-117(4)(c)(II) for failure to submit a 6nancia! <br />warranty within 60 days of adjustment. <br />A Formal Public Hearing will be held during the June 14th and 15's Board meeting for consideration of a <br />possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, <br />beginning at 10:00 a.m. on June 14a', and at 9:00 a.m. on June 15'h or as soon thereafter as the matter can be <br />considered. At that hearing you will have the opportunity to be represented and heard. It will be reiterated <br />that there is reason to believe that you are in violation of the provisions rioted above. <br />If the Hoard finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in <br />the amount of $100.00 to $1,000.00 for each day of violation, and/or order the permit be suspended, <br />modified, or revoked. If you have evidence indicating that the possible violations noted above do not exist or <br />have been corrected, please provide it to the Division as soon as possible or bring it to the hearing. <br />Da1ce o/ oRlce d Colondo <br />Mined land Reclamation Active and Immagive Mina Geological Survey <br />