ENFORCE38045

• Permit No: M1999063
• IBM Index Class Name: Enforcement
• Doc Date: 7/3/2007
• Doc Name: RTB Ltr.
• From: DRMS
• To: Mr. Abe Vasquez/Luis M. Vasquez
• Media Type: D
• Archive: No

STATE OF
PVC
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: f303I 832A106
July 3, 2007/
Mr. Abe Vasquez,,
Luis M. Vasquez ~
PO BOX 122
Lyons, CO 80540
RE: Red Wolf Quarry; Permit No. M-1999-063~-
Notice of Possible Violations
Deaz Mr. Vasquez
Harris D. Shemwn
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On November 9, 2006 the Division of Reclamation, Mining and Safety (Division) conducted a routine
inspection of the Red Wolf Quarry. As a result of the inspection, the Division determined that the
existing financial warranty in the amount of $2,500.00 is not adequate to reclaim the site to the approved
reclamation plan.
On March 26, 2007, the Division informed Luis M. Vasquez of the increase in financial warranty for the
permit referenced above pursuant to 34-32.5-117(4)(c)(I)(A) ofthe Colorado Land Reclamation Act for
the Extraction of Construction Materials. The Division raised the financial warranty from $2,500.00 to
$8,900.00. The bond increase was due no later than May 29, 2007, and has not been received to date.
Therefore, the Division believes the Operator to be in possible violation of the Colorado Land
Reclamation Act for the Extraction of Construction Materials Rules and Regulations, specifically: C.R.S.
34-32.5-117(4)(b)(I) for failure to maintain sufficient financial warranty to assure the completion of
reclamation on the affected land, and C.R.S. 34-32.5-117(4)(c)(II) for failure to submit a financial
warranty within 60 days of adjustment.
The Division will schedule this matter before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the August 15-16, 2007 Boazd meeting for consideration of
the possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 9:00 a.m. or as soon thereafter on each of those days 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 aze 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. Ifyou 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.
COLORADO
DIVISION OF
RECLAMATION
MINING
St
SAFETY
~T ~ ~ ~~ Bill Ritter, )r.
Governor
Office of Office of
Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines