2009-02-03_GENERAL DOCUMENTS - M1984108

• Permit No: M1984108
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 2/3/2009
• Doc Name: Reason to believe a violation exists
• From: DRMS
• To: Western Gravel, Inc.
• Email Name: WHE
• 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]
,, f~AX: [phone]
February 3, 2009
Judy DeVincentis, CEO
Western Gravel, Inc.
3001 North Townsend Avenue
Montrose, CO 81401
Re: "Reason to Believe a Violation Exists, Formal Board Hearing,
Western Gravel, Inc., Olathe Pit, Permit No. M-1984-108. /
Dear Ms. DeVincentis:
COLORADO
DIVISION O F
P.ECLAMATION
MINING
- St-
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Shennan
Executive Director
Ronald W. Cottony
Division Director
Natural Resource Trustee
On January 24, 2008, the Division of Reclamation, Mining and Safety (the Division) is~iued its
notice to increase the financial warranty for the Olathe Pit from $8,167 to $1,475,493. The
increase in financial warranty is necessary to assure the protection of water resources and
compliance with Colorado water laws governing injury to existing water rights, as required under
Construction Materials Rules 3.1.6(1)(a) and 4.2.1(4). As of the date of this notice, the Division
has not received the increase in financial warranty. Therefore, the Division has reason to believe
a violation exists to the Construction Materials Act and Rules and has scheduled this rnatter
before the Mined Land Reclamation Board (the Board).
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 the reclamation of affected
lands, and C.R.S. 34-32.5-117(4)(c)(II) for failure to submit a financial warranty within 60 days of
the Division's notice to increase the financial warranty. A Formal Board Hearing will b~e held at
the March 11 and 12, 2009 Board 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
March 11th and 12t" 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 i;> 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 ar~d 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 violation noted above does not exist or has been corrected,
please provide it to the Division as soon as possible or bring it to the hearing.
Office of Office of
Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines