2011-01-07_ENFORCEMENT - M1984108

• Permit No: M1984108
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 1/7/2011
• Doc Name: Formal public hearing notice
• From: MLRB-DRMS
• To: Western Gravel, Inc.
• Email Name: GRM
• Email Name: SSS
• Email Name: DAB
• 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]
FAX: [phone]
COLORADO
D I V IS ION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
January 7, 2011 Governor
Mike King
Executive Director
Judy DeVincentis
Western Gravel, Inc. Loretta E. Pirfieda
3001 N. Townsend Ave. Director
Montrose, CO 81401
RE: Formal Public Hearing Notice, Notice of Possible Financial Warranty Forfeiture, Washington
International Insurance Bond No. S8001687, for $8,167.00, Olathe Pit, Montrose County, Permit
No. M-1984-108
Dear Ms. DeVincentis:
The Colorado I-and Reclamation Act for the Extraction of Construction Materials Act and Permit M-1984-
108 require you to maintain a financial warranty in good standing for the entire life of the permit. On
January 13, 2011 the financial warranty for this permit is canceling. A replacement financial warranty in
the amount of $8,167.00 was required to be filed with us by December 14, 2010 as noted in recent
correspondence to you. To date, we have not received a replacement financial warranty. The Division
believes this is in violation of the Colorado Land Reclamation Act for the Extraction of Construction
Materials, C.R.S. 34-32.5-101 et. sea., and specifically C.R.S. 34-32.5-117 (6) for failure to maintain a
financial warranty in good standing for the life of the permit. Therefore, the Division has reason to believe
you are in violation of Permit M-1984-108 and the Law, and has scheduled this matter before the Mined
Land Reclamation Board (Board).
Pursuant to C.R.S. 34-32.5-118(2) whenever the Board has reason to believe that a financial warranty is
subject to forfeiture, the Board shall so notify the Operator and all Financial Warrantors. The Board
shall afford the Operator and all Financial Warrantors the right to appear before the Board at a hearing
to be held not less than thirty (30) days after the parties' receipt of said notice.
A Formal Public Hearing will be held during the February 9-10, 2011 Mined Land Reclamation Board
meeting for consideration of the violation. The hearing will be held in Room 318 of 1313 Sherman Street,
Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered: Also, ypu--'
have the right to be represented and heard at the hearing.
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 $100.00 to $1000.00 for each day of violation, or order the permit be suspended, modified,
or revoked. In addition it may set the matter for consideration of forfeiture of the $8,167.00 financial
warranty at a subsequent hearing.
Office of Office of
Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines