ENFORCE30342

• Permit No: M1980003
• IBM Index Class Name: Enforcement
• Doc Date: 2/13/2003
• Doc Name: RTB
• From: DMG
• To: Gary and Sarah McNulty
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman S[., Room 215
DenVef, Colorado 80203
DIVISION O F
Phone: [phone] MINERAL S
FAX: [phone] tit
GEOLOGY
RECLAMATION
MININ G•SA FETY
February 13, 2003
Bill Owens
Mr. Gary K. and Sarah L. McNulty covemor
7747 County Road 100 Greg E. Walther
Carbondale, Colorado 81623 .Executive Director
Ronald W. Cattany
Division Director
RE: McNulty Cinder Pit, Permit No. M-1980-003, Reason To Believe A Violation Exists
Dear Mr. and Ms. McNulty:
On November ; 3, 2002, The Division of Minerals and Geology (DMG) mailed notice to you indicating that an
adequate financial warranty in the amount of $19,146.00 is required to be submitted to DMG no later than Jariuary
13, 2003. That. due date was subsequently extended to February 10, 2003. To date this financial:warranty has not
been received by DMG. Therefore, the McNulty Cinder Pit is currently under-bonded: :. , .
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We believe [his 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. semi ., C. R. S. 1984 as Amended and have reason to believe a violatioh'
exists tr1 Permit No. M-1980-003 and [he Law. We have scheduled this matter before the Mined Land Reclamation
Board.
A Fornlal Public i-fearing will be held at the March 26-27, 2003 Board meeting for consideration of a possible
violation. 'Chc hearing will be held an Room 318 of 1313 Sherman Street, Denver, Colorado beginning at 10:00.
a.m. cr 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 there is reason to believe that you are in violation of the provisions
noted above.
If the Beard 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 us as soon as possible or bring it to the hearing.
The number of days of violation can be minimized by submitting the required financial warranty as soon as
possible, or by submittal of evidence indicating that enough reclamation has been completed at the site that the
current financial warranty is adequate to cover the remaining reclamation liability:
If you have any questions, please contact Steve Shuey at our Grand Junction Field Office, 101 South 3rd Street,
Room 301, Grand Junction, Colorado 81501, phone no. [phone].
Sincyr y,
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Ronald W. Cattany
Director
cc: Steve Shuey -Grand Jct. DMG