2008-01-24_GENERAL DOCUMENTS - M1984108

• Permit No: M1984108
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 1/24/2008
• Doc Name: Notice to increase the financial warranty
• From: DRMS
• To: Western Gravel, Inc.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
C O L O R A D O
Denver, Colorado 80203 DIVISION O F
Phone: [phone] RECLAMATION
FAX: [phone]
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January 24, 2008
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Judy DeVincentis
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Western Gravel, Inc. Russell George
3001 North Townsend Avenue Executive Director
Montrose, CO 81401 Ronald w. Cottony
Division Director
Natural Resource Trustee
VIA FACSIMILE [phone] and U.S. Mail
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RE: Notice to Increase the Financial Warranty, Olathe Pit, Permit No. M-1984-108.
Dear Ms. DeVincentis:
On November 20, 2007 the Division issued a report, generated from the October 26, 2007 inspection of
the Olathe Pit, in which the Division requested that the Operator demonstrate compliance with the
requirements of Rules 3.1.6(1)(b), 6.3.3(i) and (j), for the two ponds created by this operation. The
Division imposed a 30-day deadline whereby the Operator was to provide copy of the well permit issued
by the Office of the State Engineer, Division of Water Resources, for the two ponds or otherwise
demonstrate compliance with Colorado water laws and regulations governing injury to existing water
rights. The 30-day deadline has passed and the Operator has not submitted the requested information.
Pursuant to Construction Materials Rule 4.2.1, the Division has reviewed the current cost of reclamation
for the Olathe Pit totaling $1,475,493. Please find enclosed 30 pages of summary, work sheets and data
sheets utilized by the Division to calculate the cost of reclamation. The estimation addresses backfilling
both ponds to an elevation approximately two feet above the water level. The estimation also addresses
topsoil replacement and revegetation of the entire 9.9 acre site.
Therefore, the existing financial warranty in the amount of $8,167 appears insufficient to ensure
reclamation and the Division is issuing this notice to increase the financial warranty. Pursuant to
Construction Materials Rule 4.2.1(2), the Operator has 60 days from the signature date of this notice, by
March 24, 2008, to post not less than $1,475,493 financial warranty or complete sufficient portions of the
reclamation to ensure the adequacy of the existing $8,167 financial warranty. Alternately, should the
Operator demonstrate a legal right to expose groundwater in either of the two ponds, the Division will
adjust the financial warranty accordingly.
Please contact me at the Division's office in Durango at 701 Camino del Rio, Room 315, Durango, CO
81301, phone [phone], if you have any questions.
S~ er ,~~
Wallace H. Erickson
Environmental Protection Specialist
Enclosure: CIRCES Reclamation Cost Estimation, dated 1/22/08, totaling $1,475,493.
cc: Scott King, DWR, Division 4
Greg Lewicki & Associates
Tony Waldron, DRMS
Office of Office of
Mined Land Reclamation Active and Inactive Mines