ENFORCE33390

• Permit No: M1979195
• IBM Index Class Name: Enforcement
• Doc Date: 7/29/2002
• Doc Name: RTB
• From: DMG
• To: Suburban Sand and Gravel
• Media Type: D
• Archive: No

~i~
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
July 29, 2002
Mr. Dean Craft
Suburban Sand & Gravel Co.
5560 Wadsworth Avenue
Arvada, CO 80002
RE: Road Runners Res[ II, Reason [o Believe a Violation Exists, Permit No. M-79-195
Enforcement - 07/29/02 RTB Letter (Insufficient Bond)
Dear Mc Craft:
DIVISION O F
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
gill Owens
Governor
Greg E. Walther
Executive Director
Ronald W. Cattany
Acting Division Director
On Mazch 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 [able in the absence of an
approved temporary substitute supply plan and an approved well permit, both of which aze required by the Office of [he Slate
Engineer prior [o 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 for resolving [his problem on pages 4 and 5 of the March 9, 2002 inspection report, and had requested that a[ least one of the 3
options be completed by June 5, 2001. To date, none of the 3 options have been completed.
We believe [his 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
[he Extraction of Construction Materials and Rules 4.2.1(1) and (2) of the 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 financia] wan-anty adjustment.
Therefore, we have reason to believe that a violation exists [o Permit No. M-79-195 and to the Law, and have scheduled this matter
before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during [he September 18-19, 2002 Boazd meeting for consideration of possible violation. The
heazing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m. on September 18, 2002 and at
9:00 a.m. on September 19, 2002. Depending on the day that your heazing is scheduled, this matter will begin at those times or as
soon thereafrer as the matter can be considered. A[ [hat hearing you will have the opportunity to be represented and heard. It will be
reiterated that there is reason to believe [hat 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 to
$1000 for each day of violation, or order the permit to be suspended, modified, or revoked. In addition it may set [he matter for
consideration of forfeiture of the $40,800 financial warranty a[ a subsequent hearing. If you have evidence indicating that the possible
violations noted above do no[ exist or have been corrected, please provide i[ [o us as soon as possible or bring i[ to [he hearing.
If you have questions, please contact Tom Schreiner a[ [phone].
~ncere ~ f~~
Ronal. Cattany C/^~^7
Acting Division Director
Cc: Carl Mount, DMG (E-mail)
Steve O'Brian, Environment Inc.
Certified Mail Rettun
Receipt Request No. 7099 3400 0015 1443 8228