2007-12-26_ENFORCEMENT - M1998055 ‎(3)‎

• Permit No: M1998055
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/26/2007
• Doc Name: RTB Ltr
• From: DRMS
• To: Pioneer General Insurance Company
• Media Type: D
• Archive: No

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~ STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources '
1313 Sherman St., Room 215 ~
Denver, Colorado 90203 ~ O ' ~ v /~~ E't" l'r
Phone: [phone]
FA%: [phone]
~~~8 ~f~r
yDecember 26, 2007
Ms. Helen Whinnery
2557 State Highway 149
Powderhom, CO 81243

Re: Whinnery Pit, Permit No. M-1998-055, Reason to Believe a Violation Exists
Dear Ms. Whinnery:
COLORADO
DIVISION O F
RECLAMATION
MINING
- &-
SAFETY
Bill Ritter, jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cottony
Division DirMOr
Natural Resource Trustee
The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit No. M-1998-055 require you to
maintain a financial warranty in good standing for the entire life of the permit. On July 30, 2007 the financial warranty for this
Permit, Corporate Surety No. issued by Pioneer General Insurance Company, was cancelled. A replacement financial
warranty needed to be filed with us by that date as noted in our May 18, 2006 correspondence to you. We have not received a
replacement financial warranty. Therefore, we have found that there is reason to believe you aze in violation of Permit No. M-
1998-055 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 February 14-15, 2008 Mined Land Reclamation Boazd 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 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 $29,000.00 financial warranty at a subsequent hearing.
Following the hearing, the parties have an opportunity to review and comment on a draft of the Board's order if requested. If
you wish to do so, you must provide the Boazd with a written request to review the draft order at or before your hearing, or you
may request to review the draft order ai the hearing. An oral request to review the draft order must be made on the record
during the hearing. You must include your mailing address and, if possible, a fax number. You will be provided a copy of the
draft order for your review as soon as it is available. Please note that the Division has requested the opportunity to review the
draft order in this matter. The Boazd must receive any written comment within seven days following the mailing of the draft
order, unless that deadline is extended for good cause. Submit all comments in writing to Roxane Baca, Assistant Attorney
General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, telephone no. [phone], fax no. [phone]. The
Boazd will resolve any issues regazding the form of the order. This process does not affect your right to request reconsideration
by the Board or appeal the substance of the order.
Office of Office of
Mined Land Reclamation Denver Grand Junction Duran¢o Artive and Inartive Mine<