ENFORCE37120

• Permit No: M1980233
• IBM Index Class Name: Enforcement
• Doc Date: 5/3/1984
• Doc Name: COSTILLA CNTY LANDFILL GRAVEL PIT FN 80-233 - ZELLETTI PIT FN 80-246
• From: MLRD
• To: PUEBLO PAVING INC
• Media Type: D
• Archive: No

•
DEPARTMENT OF NATURAL RESOURCES
David H. Getchex Execullve Director
MINED LAND RECLAMATION DIVISION
DAVID C~SHELTON, Director
Richertl D. Lemm
Governor
May 3, 1984
Mr. Al Martino
Pueblo Paving, Inc.
728 West 9th Street
Pueblo, Colorado 81003
Re: Costilla County Landfill Gravel Pit - File No. 80-233
Zelletti Pit - File No. 80-246
Dear Mr. Martino:
Due to the fact that the surety company, the fidelity and Deposit Company of
Maryland, had not been properly notified of the April 25, 1984 Board hearing
to consider possible forfeiture of the financial warranties for the two
operations captioned above, the Mined Land Reclamation Board continued the
hearing concerning possible civil penalties, possible permit revocation,
and possible forfeiture of financial warranties on these two operations until
the June 27, 1984 meeting of the Board. However, since the Board hearing
of April 25, 1984, several matters that have come to light have modified the
situation and may have eliminated the need for this further hearing. I will
outline this situation below.
In the case of the Costilla County Landfill Gravel Pit, on March 22, 1984,
the Board dropped the matter of the financial warranty replacement and approved
a succession of operators for this pit to the Costilla County Commissioners.
As soon as Costilla County supplies a completed performance warranty on this
operation, the permit will transfer to the County and you will be relieved of
responsibility in this matter. Therefore, the Board will not consider this
matter further during the June meeting.
In the case of the Zelletti Pit, my examination of the file showed that the
request for cancellation of the bond was not filed with our Division in a
timely fashion (as per provisions in the bond document itself) and, as per
advice of our Attorney General's representative, I rejected the cancellation
request. (You should have received a copy of my letter to the surety company
in this matter). Therefore, unless the surety company can convience our legal
representative that our previous acceptance of the cancellation must be
considered valid, this cancellation cannot be reactivated until 90 days before
the next anniversary date of the bond, November 7, 1984. I do suggest, however,
that you make arrangements with the Fidelity and Deposit Company of Maryland
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]
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