|
TATE OF COLORADO
<br />DIVISION OF RECLAMATION, MINING AND SAFETY 1_?
<br />Department of Natural Resources
<br />1313 Sherman St., Room 215
<br />Denver, Colorado 80203
<br />Phone: (303) 866-3567
<br />FAX: (303) 832-8106
<br />July 22, 2009 L-1?
<br />Chris Zadel
<br />Northern Colorado Constructors, Inc
<br />Aggregate Division
<br />9075 WCR 10
<br />Ft. Lupton, CO 80621
<br />
<br />C
<br />COLORADO
<br />D I V I S I ON OF
<br />RECLAMATION
<br />MINING
<br />SAFETY
<br />Bill Ritter, Jr.
<br />Governor
<br />Harris D. Sherman
<br />Executive Director
<br />Ronald W. Cattany
<br />Division Director
<br />Natural Resource Trustee
<br />RE: Formal Public Hearing Notice, Financial Warranties, Bond No. 104719921 for $182,600.00, Bond No.
<br />104719920 for $286,500.00, Bond No. 104719919 for $256,500.00, Bond. No. 104719918 for $168,000.00,
<br />NCCI Pit #1, Weld County, Permit No. M-2001-107 ?
<br />Dear Mr. Zadel:
<br />The Colorado Land Reclamation Act for the Extraction of Construction Materials Act and Permit M-2001-107 require
<br />you to maintain a financial warranty in good standing for the entire life of the permit. On August 2, 2009, four of the five
<br />financial warranties for this permit are cancelling. Replacement financial warranties in the amounts of $182,600.00,
<br />$286,500.00, $256,500.00 and $168,000.00 (for a total of $893,600.00) should have been filed with us by July 3, 2009,
<br />as noted in the Division's cancellation notice send to you on April 8, 2009. To date, we have not received any
<br />replacement financial warranties. Therefore, we have found that there is reason to believe you are in violation of Permit
<br />M-2001-107 and the Law, specifically: Failure to maintain a financial warranty in good standing for the life of the permit
<br />as required by C.R.S. 34-32.5-117(6).
<br />A Formal Public Hearing will be held during the August 12, 2009 Mined Land Reclamation Board meeting for
<br />consideration of the violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
<br />beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. Also, you have the right to be represented
<br />and heard at the hearing.
<br />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
<br />$100.00 to $1,000.00 for each day of violation, depending on permit type, or order the permit be suspended, modified, or
<br />revoked. In addition it may set the matter for consideration of forfeiture of the $182,600.00, $286,500.00, $256,500.00
<br />and $168,000.00 financial warranties at a subsequent hearing.
<br />NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR
<br />WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.R.S. 34-32.5-120) UNTIL THE
<br />VIOLATION IS ABATED.
<br />IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT A REPLACEMENT FINANCIAL
<br />WARRANTY AS DESCRIBED IN C.R.S. 34-32.5-117, BY 5:00nm on July 30, 2009.
<br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before
<br />it becomes final. If you wish to do so, you must provide the Board with a written request to review the draft order
<br />prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you request to
<br />review the draft order. You must include your mailing address and, ifpossible, a fax or email address. You will be
<br />Office of Office of
<br />AAinnd 1 -a n....,a i.......?,,., _ n.....,.... ....:.... __a ?__?:.._ ...___
|