2009-05-20_ENFORCEMENT - M1984108

• Permit No: M1984108
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 5/20/2009
• Doc Name: Fourth 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 RECEIVED
1313 Sherman St., Room 215

Denver, Colorado 80203
MAY 262009
COLORADO
V
DI
ISION O F
Phone: [phone] RECLAMATION
FAX: [phone] ClMsion of Fkeci?;m 3i(W1; MILTING
Minkig and Safety
E
- SAF
TY
May 20, 2009
Bill Ritter, Jr.
Judy DeVincentis VIA FACSIMILE [phone] and US Mail Governor
Western Gravel, Inc. Harris D. Sherman

3001 North Townsend Avenue Executive Director

Montrose
CO 81401 Ronald w. cottony
, Division Director
Natural Resource Trustee
RE: Fourth Continuance of Formal 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)(11) 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.
Subsequently, the Office of the State Engineer (OSE) confirmed receipt of the Olathe Pit Substitute
Water Supply Plan (SWSP). In an effort to accommodate the review process of the OSE, the Division
continued the Formal Board Hearing to June 10 and 11, 2009.
Recent communication from the Operator, dated April 21, 2009, indicates the review process of the
Olathe Pit SWSP nears completion. Representatives of the Office of the State Engineer have confirmed
such progress. Therefore, the Division has continued the Formal Board Hearing to July 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 July 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 July 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 July 8 and 9,
2009.
Sin er ,
Wallace 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
Mined Land Reclamation
Denver - Grand Junction 9 Durango
Office of
Active and Inactive Mines