2008-12-03_ENFORCEMENT - M1982033

• Permit No: M1982033
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/3/2008
• Doc Name: Reason to beleive a violation exists letter
• From: DRMS
• To: Malouff Construction, Inc.
• Email Name: KAP
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203 COLORADO
Phone: [phone] C t
n vt s t o nt o f
RECLAMATION
FAX: [phone] MINING

SAFETY

/December 3
2008 Bill Ritter, Jr.
Governor
, Harris D. Sherman
Executive Director

Stephen Malouff Ronald W. Cattany
Division Director
Malouff Construction, Inc. Natural Resource Trustee
6496 Malouff Road
Alamosa
, CO 81101
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alouff Construction, Inc.;
DRMS File No. M-1982-033, alouff Pit
Dear Mr. Stephen Malouff:
On January 23, 2008, the Division of Reclamation, Mining, and Safety (Division) increased the financial
warranty amount for the Malouff Pit, File M-1982-033 from $1,714.00 to $4,035.00, based on
conditions observed during an inspection of the site conducted on September 26, 2007. The Division
had not received a response to the surety increase notice and had not received the increased bond
amount, and sent a reminder notice regarding the surety increase on September 30, 2008. As of the date
of this notice, the Division still has not received the additional bond amount. Therefore, the Division
has reason to believe a violation exists to the Law and Rules and has scheduled this matter before the
Mined Land Reclamation Board (MLRB).
The Division believes this is a possible violation of 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. A Formal
Public Hearing will be held at the January 7 and 8, 2009 MLRB meeting for consideration of a possible
violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado beginning
at 9:00 a.m. on January 7th and January 8th 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 are in violation of the provisions noted above.
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 $1000.00 for each day of violation. If you have evidence indicating
that the possible violations noted above do not exist or has been corrected, please provide it to us as soon
as possible or bring it to the hearing.
Following the hearing, the parties will 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 or email address. 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
gogg&qyse. J1
Mined Land Reclamation
comments in writing to Jillian Allison, As
Denver • Grand Junction • Durango
ant Attorney General, 1525 office of
Active and Inactive Mines