ENFORCE29579

• Permit No: M2000158
• IBM Index Class Name: Enforcement
• Doc Date: 12/27/2005
• Doc Name: RTB Ltr.
• From: DMG
• To: Platte Sand & Gravel LLC
• Media Type: D
• Archive: No

~G.1)~
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY (~
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
December 27, 2005
Mr. Rocky Hoffschneider
Platte Sand & Gravel LLC /
P.O. BOX 180
Littleton, CO 80160 /
RE: Reason to Believe a Violation ExistsBoard Hearing
Platte Sand and Gravel LLC; S&H Gravel Mine; Ftile No. M-2000-158
Dear Mr. Hoffschneider:
COLORADO
DIVISION O F
MINERALS
GEOLOGY
REC LANATION•NINING
EAf ETY•ECIENCE
ein onerrE
covemor
Russell George
Executive Director
Ronald w. campy
Division Director
Natural Resoursx Trustee
On October 18, 2005, the Division of Minerals and Geology notified Platte Sand & Gravel of a surety
increase for the above permit, based on the commitments in the approved pemrit with regard to reclamation
and observations made during an inspection of the site conducted on June 2, 2005. The bond currentlyheld
for the site is $111,500.00. The new bond amount calculated for the site is $460,000.00. Therefore the
increase amount was set at $348,500.00. Platte Sand & Gravel was given sixty (60) days to post the
additional bond. The deadline for posting the additional bond was December 20, 2005, and the additional
bond has not been posted to date.
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)(6)(1) 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}(!n for failure to submit a financial
warranty within 60 days of adjustment.
A Formal Public Heating will be held during the February 15th and 16a' 2006 Boazd 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 February 15`s, and at 9:00 a.m. on February 16'h 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 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 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
hearine. An oral reouesi to review the draft order must be made on the record durine the hearine. You
Office of ORice of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey