2011-02-03_ENFORCEMENT - M1996008

• Permit No: M1996008
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/3/2011
• Doc Name: Formal Board Hearing Notice
• From: DRMS
• To: Western Gravel, Inc.
• Email Name: SSS
• Email Name: DAB
• Email Name: GRM
• 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]
February 3, 2011
Judy DeVincentis
Western Gravel, Inc.
3001 N. Townsend Ave.
Montrose, CO 81401
COLORADO
D I V I S I O N OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. PiReda
Director
RE: Formal Board Hearing Notice, Notice of Possible Financial Warranty Forfeiture,
Washington International Insurance Bond No. in the amount of $18,921.00,
R-34 Pit, Montrose County, Permit No. M-1996-008
Dear Ms. DeVincentis:
The Colorado Land Reclamation Act for the Extraction of Construction Materials Act and Permit M-1996-
008 require you to maintain a financial warranty in good standing for the entire life of the permit. On
March 3, 2011 the financial warranty for this permit is canceling. A replacement financial warranty in the
amount of $18,921.00 was required to be filed with us by February 1, 2011 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. seq.' 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-1996-008 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 Hearing will be held during the March 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, you 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-c
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 $18,921.00 financial
warranty at a subsequent hearing.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines