ENFORCE37484

• Permit No: M1974092
• IBM Index Class Name: Enforcement
• Doc Date: 10/24/2007
• Doc Name: RTB Letter
• From: DRMS
• To: Dorn Ready-Mix Corp
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY /
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
October 24, 2007
Doug Dowling /
Dorn Ready-Mix Corp 1/
19671 Rd R 7
P.O. Box 636
Fort Morgan, CO 80701
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COLORADO
DIVISION OF
RECLAMATION
MINING
$t -
SAFETY
Bill Ritter, lr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Formal Public Hearing Notice, Financial Warranty, Bond No. 2456854, for $6,000.00, Barlow Pit, Morgan
County, Permit No. M-1974-092 ~/
Deaz Mr. Dowling:
The Colorado Land Reclamation Act for the Extraction of Construction Materials Act, Regulations and Permit M-1974-
092 require you to post and maintain a fmancial warranty in good standing for the entire life of the permit. You have
posted a corporate surety issued by Union Indemnity company of New York. On October 22, 2007, the Division received
a notice that, on July 16, 1985, Union Indemnity Insurance Company of New York was placed into liquidation. To date,
we have not received a replacement fmancial warranty. Therefore, we have found that there is reason to believe you are
in violation of Permit M-1974-092 and the Law, specifically: Failure to maintain a fmancial warranty in good standing
for the life of the permit as required by C.R.S. 34-32.5-117(6) and C.R.S. 34-32.5-118(1)(c), 2 c.c.r. 407-4, rules 4.1 (7)
and 4.20.
A Formal Public Hearing will be held during the December 12. 2007 Mined Land Reclamation Board meeting for
consideration of the violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. Also, you have the right to be represented
and heazd at the hearing.
If the Board 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 $1000.00 for each day of violation, depending on permit type, or order the permit be suspended, modified, or
revoked. In addition it may set the matter for consideration of forfeiture of the $6,000.00 financial warranty at a
subsequent hearing.
NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR
WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.R.S. 34-32.5-120) UNTIL THE
VIOLATION IS ABATED.
IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT A REPLACEMENT FINANCIAL
WARRANTY AS DESCRIBED IN C.RS. 34-32.5-117, BY November 9, 2007. Please note that the New York
Court in Union Indemnity's liquidation has set a deadline of November 15, 2007, for the filing of claims.
Accordingly, the Division has set November 9, 2007 as the deadline for you to submit a replacement bond.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before
it becomes frnal. If you lvish Jo do so, you must provide the Board with a written request to review the draft order
prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you request to
Office of Office of
Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines