2009-02-27_ENFORCEMENT - M1984108

• Permit No: M1984108
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/27/2009
• Doc Name: Continuance of formal Board hearing
• 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
{'?
E?/
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1313 Sherman St., Room 215 `+
Denver, Colorado 80203 COLORADO

Phone: [phone] MAR 2
0 2009 DIVISION OF
RECLAMATION
FAX: [phone] MINING
Division of Reclamation, -&-
Mining and Safety SAFETY
February 27, 2009
Bill Ritter, Jr.

Judy DeVincentis VIA FACSIMILE (970) 24
9-0590 and US Mail Governor

Western Gravel
Inc. Harris D. Sherman
, Executive Director
3001 North Townsend Avenue

Montrose, CO 81401 Ronald W. Cattany
Division Director
y
F Natural Resource Trustee
RE: Continuances
ormal Board Hearing,
Reason to Believe a Violation Exists, Olathe Pit, Permit No. M-1984-108.
Dear Ms. DeVincentis:
On February 3, 2009, the Division noticed Western Gravel of a Formal Board Hearing for consideration
of possible violation of C.R.S. 34-32.5-117(4)(b)(1) for failure to maintain sufficient financial warranty to
assure the completion of reclamation, and C.R.S. 34-32.5-117(4)(c)(II) for failure to submit a financial
warranty within 60 days of adjustment at the Olathe Pit. The adjustment in financial warranty was
warranted to assure the protection of water resources and compliance with Colorado water laws
governing injury to existing water rights. The hearing was scheduled for March 11 and 12, 2009.
In a correspondence dated February 19, 2009, Western Gravel informed the Division of the submittal of
the Olathe Pit Substitute Water Supply Plan (SWSP) to the Division of Water Resources. The Office of
the State Engineer has confirmed receipt of the Olathe Pit SWSP and has commenced its review.
In an effort to accommodate the review process of the SWSP, the Division has continued the Formal
Board Hearing to April 8 and 9, 2009. Please bear in mind the Division still has reason to believe a
possible violation of C.R.S. 34-32.5-117(4)(b)(1) and C.R.S. 34-32.5-117(4)(c)(II) exists.
Therefore, a Formal Board Hearing will be held at the April 8 and 9, 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 April 8th and 9th or as soon thereafter as the matter can be
considered. The conditions previously stated in the Division's notice, dated February 3, 2009, remain
intact. However, the date of the hearing, originally scheduled for March 11 and 12, 2009, has been
continued to April 8 and 9, 2009.
Please contact me at the Division's office in Durango at 691 County Road 233, Suite A-2, Durango, CO
81301, phone [phone], if you have any questions.
Z4er uI
ace H. Erickson
Environmental Protection Specialist
cc: Sitira Pope, Secretary to the MLRB, fax [phone]
Steve Shuey, Senior Environmental Protection Specialist, fax [phone]
Bob Hurford, Division 4, DWR, fax [phone]
Office of Office of
Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines