ENFORCE34012

• 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

T
STATE OF COLORADO
pIV1SION OF MINERALS ANL) GEOLOGY
Department of Natural Resources
13t 3 Sherman St., Room 2[ 5
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
July 29, 2002
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Mr. Dean Craft Bill Owens
Suburban Sand & Gravel Co. covemor
5400 Fenton Street Greg E. Walther
Executive Director
Arvada, CO 80002
Ronald W. Cattany
Acting Division Director
RE :Road Runners Rest 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 [he Division of Minerals and Geology conducted an inspection of your operation and found the following: The
operator (Suburban Sand & Gravel Co.) had failed [o comply with the approved mine plan by actively de-watering and excavating
below [he groundwater table in the absence of an approved temporary substitute supply plan and an approved well permit, as required
by the Office of [he State Engineer. By carrying out these unapproved activities, the operator has failed to provide the 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 particularly significant as there are a number of surface and groundwater users inclose
proximity to the affected land. Since the operator began the unapproved de-watering activities, the Division has received four (4)
citizen complaints from surface and groundwater users neaz the affected land. In the Mazch 9, 2002 inspection report the operator was
asked to correct this 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 Construction Materials for failure to minimize
disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity of water in
surface and groundwater systems during the training 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 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 thereafter as [he matter can be considered. At [hat hearing you will have [he opportunity [o be iepresen[ed and heazd. I[ will be
reiterated that there is reason to believe that you aze in violation of the provisions noted above. If [he Board finds a violation at this
hearing, i[ 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 wazranty a[ a subsequent hearing. If you have evidence indicating [ha[ the possible violations noted above do no[
exist or have been corrected, please provide it to us as soon as possible or bring i[ to the heazing.
If you hav estions, please contact Tom Schreiner at [phone].
S~ cerel
Ronald W. Cat[any
Division Director
Cc: Carl Mount, DMG (via E-mail)
Steve O'Brian, Environment Inc.
Certified Mail Return
Receipt Request No. 7099 3400 0013 9901 4487