ENFORCE36412

• Permit No: M1994011
• IBM Index Class Name: Enforcement
• Doc Date: 5/23/2002
• Doc Name: RTB Letter
• From: DMG
• To: West End Gravel Company
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman S[., Room 215
Denver, Colorado 80203 DIVISION O F
Phone: [phone] MINERAL S
PAX: [phone] &
GEOLOGY
RECLAMATION
May 23, 2002 MINING•SAFETY
Mr. Bob Sutherland ein ovens
West End Gravel Company covemor
P
O
BOX 848 Greg E. Walther
.
. Executive Director
Nucla, Colorado 81424 Michael B. Long
Division Director
RE: West End Gravel Pit, Permit No. M-1994- 011, Reason To Believe A Violation Exists
Deaz Mr. Sutherland:
On April 16, 2002, The Division of Minerals and Geology (DMG) approved your application for Technical
Revision No. 2 to Permit M-1994-011. As a result of that revision the reclamation cost estimate for this site was
recalculated. On April 16, 2002, DMG mailed notice to you indicating that adequate financial warranty of
$77,716.00 is required to be submitted to, and approved by DMG no later than May 16, 2002. To date this
financial warranty has not been received by DMG. Therefore, the West End Gravel Pit is currently underbonded.
We believe this is in violation of Section 34-32.5-117(4) of the Colorado Land Reclamation Act for the Extraction
of Construction Materials 34-32.5-101 et. seg„ C. R. S. 1984 as Amended and have reason to believe a violation
exists [o Permit No. M-1994-011 and the Law. We have scheduled this matter before the Mined Land Reclamation
Boazd.
A Formal Public Hearing will beheld at the June 26-27, 2002 Boazd meeting for consideration of a possible
violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado beginning at 10:00
a.m. or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be
represented and heard. 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, and/or order the permit be suspended, modified, or
revoked. 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.
The number of days of violation can be minimized by submitting the required financial warranty as soon as
possible, or by adequately completing enough reclamation at the site that the current financial warranty is adequate
to cover the remaining reclamation liability.
If you have any questions, please contact Steve Shuey at our Grand Junction Field Office, 101 South 3rd Street,
Room 301, Grand Junction, Colorado 81501, phone no. (970} 243-6368.
Sincerely,
MICHAEL B~
Division Director
cc: Steve Shuey -Grand Jct. DMG