ENFORCE27541

• Permit No: M1977522
• IBM Index Class Name: Enforcement
• Doc Date: 3/17/2006
• Doc Name: Reason to Believe a Violation Exists/Board Hearing
• From: DMG esc
• To: Star Ready Mix
• Media Type: D
• Archive: No

STATE OF COLORADO
DIViS10N OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Mazch 17, 2006
Mr. Al Lunbery
Staz Ready Mix
3800 O Street
Greeley, CO 80631
RE: Reason to Believe a Violation ExistsBoard Hearing
Star Ready Mix; Herman Feit Pit; Permit No. M-1977-522
Dear Mr. Lunbery,
COLORADO
DIVISION OF
MINERALS
GEOLOGY
REC LA NATION•MININO
sAfEtY•ECIENCE
Bill Owens
Govemar
Russell George
Executive Director
Ronald W. Cottony
Division Director
Natural Resource Trustee
On November 22, 2005, the Division of Minerals and Geology notified Staz Ready Mix 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 29, 2004 and November 8, 2005;
and known conditions at the site. The bond currently held for the site is $14,000.00. The new bond amount
calculated for the site is $103,800.00. Therefore the increase amount was set at $89,800.00. Staz Ready
Mix was given sixty (60) days to post the additional bond. The deadline for posting the additional bond was
January 31, 2006. Star Ready Mix 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 Reclamafion
Act for the Extraction of Construction Materials Rules and Regulations, specifically: C.R.S. 34-32.5-
117(4)(6)()) for failure to maintain sufficient financial warranty 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 financial warranty within 60 days
of adjustment.
A Formal Public Hearing will be held during the May 10`h and 11 `~ 2006 Boazd meeting for consideration
of a possible violation. The hearing will beheld in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on May 10th, and at 9:00 a.m. on May 11 "' or as soon thereafter as the matter can
be considered. At that hearing you will have the opportunity to be represented and heazd. It will be
reiterated that there is reason to believe that you aze 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, 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 Boazd with a written request to
review the draft order at or before your hearing, or you may request to review the draft order at the
OtFice of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey