2009-07-07_ENFORCEMENT - M1984108

• Permit No: M1984108
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/7/2009
• 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
COLORADO
Denver, Colorado 80203
Phone: [phone]® D I V I S ION OF
RECLAMATION
FAX: [phone] MINING

JUL 13 2009 SA FETY
July 7, 2009 D'IV*il" Of R8C10Matioe,
MiWng and Safety 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. Cattany

Division Director

RE: Fifth Continuance of Formal Board Hearing,y Natural Resource Trustee
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.
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 July 8 and 9, 2009.
Recent communication from the Operator 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 August 12 and 13, 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 August 12 and 13, 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 August 12t' and 13th 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 August 12 and 13, 2009.
Singer ?.
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 Office of
Mined Land Reclamation Denver - Grand junction - Durango Active and inactive Mines