ENFORCE33346

• Permit No: M1979195
• IBM Index Class Name: Enforcement
• Doc Date: 7/29/2002
• Doc Name: Reason to Believe a Violation Exists
• From: DMG
• To: Suburban Sand & Gravel Co.
• Media Type: D
• Archive: No

STATE OF
LORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St„ Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: (303} 632-8106
July 29, 2002
Mr. Dean Craft
Suburban Sand & Gravel Co.
5400 Fenton Street
Arvada, CO 80002
RE: Road Runners Res[ II, Reason to Believe a Violation Exists, Permit No. M-79-195
Enforcement - 07/29/02 RTB Letter (Insufficient Bond)
Dear Mr. Craft:
DIVISION O F
MINERALS
GEOLOGY
RECLAMATION
MINING'SAFETY
Bill Owens
Governor
Greg E. Walther
Executive Director
Ronald W. Gattany
Acting Division Director
On March 9, 2001 the Division of Minerals and Geology conducted an inspection of your operation and found the following: The
operator (Suburban Sand & Gravel Co.) was actively de-watering and excavating below the groundwater table in the absence-of an
approved temporary substitute supply plan and an approved well permit, both of which are required by the Office of the State
Engineer prior to exposure and use of groundwater. These unapproved activities have created a significant, additional reclamation
liability not accounted for in the approved mine plan and reclamation cost estimate. The Division had offered the operator three (3)
options far resolving this problem on pages 4 and 5 of [he March 9, 2002 inspection report, and had requested that at Teas[ one of the 3
options be completed by June 5, 2001. To date, none of the 3 options have been completed.
We believe this is in violation of Sections 34-32.5-117(4)(b)(I) and 34-32.5-117(4)(c)(II) of the Colorado Land Reclamation Act for
the Extraction of Construction Materials and Rules 4.2.1(1) and (2) of [he Mineral Rules and Regulations for the Extraction of
Construction Materials for failure to post sufficient financial warranty to assure completion of reclamation of affected lands within 60
days after date of notice of a financial warranty adjustment.
Therefore, we have reason to believe that a violation exists to Permit No. M-79-195 and [o the Law, and have scheduled this matter
before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the September 18-19, 2002 Boazd meeting for consideration of possible violation. The
hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m. on September 18, 2002 and a[
9:00 a.m. on September 19, 2002. Depending on the day that your hearing is scheduled, [his matter will begin at [hose times or as
soon [hereafter as [he matter can be considered. Ai that hearing you will have the opportunity to be represented and heard. I[ will be
reiterated that there is reason [o believe [hat you are in violation of [he 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 to
$1000 for each day of violation, or order the permit to be suspended, modified, or revoked. In addition it may set the matter for
consideration of forfeiture of [he $40,800 financial warranty at a subsequent hearing. 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.
If you ha bons, please contact Tom Schreiner at [phone].
ncerely, ~~~~~~~ /
Ronald W~C/
Division Director
Ca Carl Mount, DMG (E-mail}
Steve O'Brian, Environment Inc.
Certified Mail Return
Receipt Request No. 7099 3400 0013 9901 4494