2011-03-18_ENFORCEMENT - M2005070

• Permit No: M2005070
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 3/18/2011
• Doc Name: Formal Public Hearing Notice
• From: DRMS
• To: Ritchey's Redi - Mix Concrete, Inc.
• Email Name: ECS
• 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]
March 18, 2011
Jerry Ritchey
Ritchey's Redi-Mix Concrete, Inc.
509 S Idlewild St
Yuma, CO 80759
COLORADO
D I V I S 10 N O F
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta Pineda
Director
RE: Formal Public Hearing Notice, Financial Warranty, Bond for $7,400.00, Krehmeyer
Pit, Phillips County, Permit No. M-2005-070
Mr. Ritchey:
The Colorado Land Reclamation Act for the Extraction of Construction Materials Act, and Permit M-2005-
070 requires you to maintain a financial warranty in good standing for the entire life of the permit. On
December 10, 2010 the financial warranty for this permit was cancelled by the institution. You were required
to submit a replacement financial warranty in the amount of $7,400.00 to be filed with us by March 17, 2011
as noted in recent correspondence to you. To date, we have not received the replacement financial warranty.
Therefore, we have found that there is reason to believe you are in violation of Permit M-2005-070 and the
Law, specifically: Failure to maintain a financial warranty in good standing for the life of the permit as
required by C.R.S. 34-32.5-117(6).
A Formal Public Hearing will be held during the May 12'h and 13`h, 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. You will have
the right to be represented and heard at the hearing. It will be reiterated that there is reason to believe that
you are in violation of the provisions noted above. If you have evidence indicating that the possible
violations noted above do not exist or have been corrected, please provide it to us as soon as possible or
bring it to 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, depending on permit type, or order the permit be
suspended, modified, or revoked. In addition it may set the matter for considera
$7,400.00 financial warranty at a subsequent hearing.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's
order before it becomes final. If you wish to do so, you must provide the Board with a written request to
review the draft order prior to or at the time of your hearing, or you must inform the Board orally during
the hearing that you request to review the draft order. You must include your mailing address and, if
possible, a fax or email address. You will be provided a copy of the draft order for your review as soon as
it is available. The Board must receive your comments on the draft order within ten (10) calendar clays of
the date the draft order is mailed, unless that deadline is extended. Please note that the Division of
Reclamation, Mining and Safety has requested and will be allowed to review and comment on the drat
Board Order prior to mailing to any party. Submit all comments in writing to Mr. John Roberts, Assistant
Attorney General, 1525 Sherman Street, 7"' Floor, Denver, Colorado 80203, or FAX# [phone]. The
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines