ENFORCE33501

• 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

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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
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Mr. Dean Craft Bill Owens
Governor
Suburban Sand & Gravel Co.
Greg E. Walther
5560 WadSWOCth Avenue Executive Director
Arvada, CO 80002 Ronald w. Cattany
Acting Division Direcor
RE :Road Runners Res[ II, Reason [o Believe a Violation Exists, Permit No. M-79-195
Class: Enforcement - 07/29/02 RTB Letter (Hydro Balance)
Dear Mr. Craft:
On March 9, 2001 the Division of Minerals and Geology conducted an inspection of your operation and found [he following: The
operator (Suburban Sand & Gravel Co.) had failed to comply with the approved mine plan by actively de-watering and excavating
below the groundwater table in the absence of an approved temporary substitute supply plan and an approved well permit, as required
by the Office of the State Engineer. By carrying out these unapproved activities, [he operator has failed to provide [he necessazy
assurance that disturbances to the prevailing hydrologic balance of the affected land and of the surrounding azea during mining and
reclamation will be minimized. This is pazticulazly significant as there aze a number of surface and groundwater users in close
proximity to [he affected land. Since the operator began the unapproved de-watering activities, [he Division has received four (4)
citizen complaints from surface and groundwater users neaz the affected land. In [he March 9, 2002 inspection report [he operator was
asked to correct [his problem by June 5, 2001. This problem has not been corrected.
We believe this is in violation of Section 34-32.5-116(4)(h) of the Colorado Land Reclamation Act for the Extraction of Construction
Materials and Rule 3.1.6(1) of the Rules and Regulations for the Extraction of COt15VLLCClOn Materials for failure to minimize
disturbances to the prevailing hydrologic balance of the affected land and of the surzounding azea and to the quantity of water in
surface and groundwater systems during the mining operation.
A Formal Public Heazing 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 a[ 10:00 a.m. on September I8, 2002 and at
9:00 a.m. on September 19, 2002. Depending on the day [ha[ your hearing is scheduled, this matter will begin a[ those times or as
soon thereafter as the matter can be considered. At that heazing 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 a[ 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 the
$120,000 financial warranty at a subsequent heazing. If you have evidence indicating that the possible violations noted above do no[
exist or have been corrected, please provide it to us as soon as possible or bring i[ [o [he heazing.
If you have uestions, please contact Tom Schreiner at [phone].
Sin rely,
Ronald W. Cattany
Acting Division Director
Cc: Cazl Mount, DMG (via E-mail)
Steve O'Brian, Environment Inc.
Certified Mail Return
Receipt Request No. 7099 3400 0015 1443 8211