2008-12-24_ENFORCEMENT - M1982033

• Permit No: M1982033
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/24/2008
• Doc Name: Unclaimed certified letter dated 12/03/2008
• 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
Phone: [phone]
FAX: [phone]
December 3, 2008
Stephen Malouff
Malouff Construction, Inc.
6496 Malouff Road
Alamosa, CO 81101 _
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Re: Reason to Believe a Violation Exists; Malouff Construction, Inc.;
DRMS File No. M-1982-033; Malouff Pit
Dear Mr. Stephen Malouff:
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SA ETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
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 7 h and January 8t' 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
gog &q*se. Submit a comments in writing to Jillian Allison, Assistant Attorney General A1t52 5 d i arrive Mines
Mined Land Reclamation Denver • Grand Junction • Durango