2008-02-06_PERMIT FILE - M1977098 ‎(2)‎

• Permit No: M1977098
• IBM Index Class Name: PERMIT FILE
• Doc Date: 2/6/2008
• Doc Name: Reason to believe a violation exists
• From: DRMS
• To: LaFarge West, Inc, Mike Prehm
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
DIVISION O F
RECLAMATION
MINING
- &-
SAFETY
February 6, 2008
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
,`O Mr. Mike Prehm Natural Resource Trustee
LaFarge West, Inc.
P.O. Box 368
Glenwood Springs, CO 81602
/ /
Re: Reason to Believe a Violation Exists, Sievers Pit, Permit No. M-1977-098, LaFarge West, Inc.
Dear Mr. Prehm:
The Colorado Land Reclamation Act for the Extraction of Construction Materials and Pernut No. M-1977-098 require you
to maintain a financial warranty in good standing for the entire life of the permit. On October 11, 2007 the financial
warranty for this permit was increased from $229,092.00 to $249,035.00. An increased financial warranty needed to be
posted with the Division of Reclamation, Mining and Safety (Division) by December 11, 2007. The Division has not
received the increased financial warranty. Therefore, the Division has found that there is reason to believe that Lafarge
West, Inc. is in violation of Permit No. M-1977-098 and the Law, specifically: C.R.S. 34-32.5-117(4)(b)(I) for failure to
maintain a sufficient financial wananty to assure the completion of reclamation of affected lands and C.R.S. 34-32.5-
117(4)(c)(II) for failure to post such warranty within sixty days after the date of notice of a financial warranty adjustment.
A Fonmal Public Hearing will be held during the March 12-13, 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, LaFarge West, Inc. has 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 $229,092.00 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 Tyson Powell,
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 you right to
STATE OF COLORADO
Office of Office of
Mined Land Reclamation Denver Grand )unction Durango Active and Inactive Mines