ENFORCE36277

• Permit No: M1985023
• IBM Index Class Name: Enforcement
• Doc Date: 3/23/2004
• Doc Name: Reason to Believe Letter
• From: DMG
• To: Hollenbeck Inc.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY i
Department of Natural Resources
1313 Sherman St., Room 215 C O L D RA D O
Denver, Colorado 80203 DIVISION O F
Phone: [phone] M I N s RA L$

FAX: [phone] G E O L O G Y
0.FC LAM ATION•NINING
SAFETY•SCIENCE
~
Mazch 23
2004 Bill Owens
g
, overnor
Russell George
Mr. Gene Hollenbeck Executive DireROr
HOllenbeck, hIC~ Ronald W. Cattany
P.O. BOX 902 Division Director
Gunnison, CO $1230 Natural Resource Trustee
RE: Hollenbeck Pit, Permit No. M-1985-023, Reason to Believe Letter)
Dear Mr. Hollenbeck:
The Mined Land Reclamation Act and Permit No. M-1985-023 require you to maintain a financial warranty in good
standing for the enfire life of the pernut. On Febmary 19, 2004, the Division notified you of a deficiency in your current
financial warranty. A Financial Warranty/Certification of Deposit form was required to be filed by March 19, 2004. As
of the above date, the Division has no record of receiving this document. Therefore, we have found that there is reason to
believe you aze in violation of M-1985-023 and the Law, specifically: Failure to maintain a financial warranty in good
standing for the life of the permit as required by C.R.S. 34-32.5-117(6).
A Formal Public Hearing will be held during the April 28-29, 2004 Boazd meeting for consideration of possible
violation(s). The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m
on Apri128, and 9:00 a.m. on the Apri129, or as soon thereafter as the matter can be considered and you will have the
opportunity to be represented and heazd. It will be reiterated that there is reason to believe that you are in violation of the
provisions noted above.
If the Boazd 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 or order the permit be suspended, modified or revoked. In addition it may
set the matter for consideration of forfeiture of the $15,716.00 financial warranty at a subsequent hearing. If you have
evidence indicating that the possible violation(s) 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 WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT THE REQLTIIZED FINANCIAL
WARRANTY/CERTIFICATION OF DEPOSIT FORM BY APRII. 21, 2004.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Boazd's order before it
becomes final. If you wish to do so, you must provide the Boazd with a written request to review the draft order prior to
or at the time of your hearing, or you must inform the Boazd orally during the hearing that you request to review the draft
order. Yeu must include your mailing address and, if possible, a fax or email address. You will be provided a copy of
the draft order for your reviz.v as soon as it is available. The Boazd must receive your comments on the draft order
within ten (10) calendaz days of the date the draft order is mailed, unless that deadline is extended. Please note that the
Division of Minerals and Gee1_oov has reouested and will be allowed to review and comment on the draft Boazd Order
prior to mailing to anv roarty. Submit all comments in writing to Mr. Tyson Powell, Assis±ar_t Attorney General, 1525
Sherman Street, Ss' Fleor, Denver, Colorado 80203, or FAX #[phone]. The Board will resolve any issues
regarding the form and substance of the order, This process does not affect your right to request reconsideration by the
Boazd or appeal the form or substance of the order.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey