2007-12-26_ENFORCEMENT - M1998055

• Permit No: M1998055
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/26/2007
• Doc Name: Reason to beleive a violation exists
• From: DRMS
• To: Helen Whinnery
• Email Name: SSS
• Media Type: D
• Archive: No

STATE OF COLORADO
v DIVISION OF RECLAMATION, MINING AND SAFETY SS'S
Department of Natural Resources
1313 Sherman 5t., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
/~T6 G1r
December 26, 2007
/~Is. Helen Whinnery
2557 State Highway 149
Powderhorn, CO 81243
Re: Whinnery Pit, Permit No. M-1998-055, Reason to Believe a Violation Exists
Dear Ms. Whinnery:
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
-&-
SAF ETY
Bill Ritter, )r.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
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 are 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 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 heard 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 $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 Board with a written request to review the draft order at or before your hearing, or you
may request to review the draft order at 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 Board 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
Board will resolve any issues regarding 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 Durango Active and Inactive Mines