2011-05-17_ENFORCEMENT - M1987024

• Permit No: M1987024
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 5/17/2011
• Doc Name: Reason to Believe a Violation Exists Letter
• From: DRMS
• To: Western Gravel, Inc.
• Email Name: GJA
• Email Name: AJW
• Email Name: SSS
• Media Type: D
• Archive: No

g.. 65& 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]
May 17, 2011
Judy DeVincentis
Western Gravel, Inc.
3001 N. Townsend Ave.
Montrose, CO 81401
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Piheda
Director
RE: Reason to Believe a Violation Exists, Notice of Possible Financial Warranty Forfeiture,
Wahingtoo International Insurance Bond No. in the amount of $63,000.00, Corey
Pit Corey Pit # 3, Montrose County, Permit No. M-1987-024
Dear Ms. DeVincentis:
The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M-1987-024
require you to maintain a financial warranty in good standing for the entire life of the permit. On June 10,
2011 the financial warranty for this permit is canceling. A replacement financial warranty in the amount of
$63,000.00 was required to be filed with us by May 11, 2011. 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 Western Gravel is in violation of Permit M-1987-024 and the Law, and has
scheduled this matter before the Mined Land Reclamation Board (Board).
A Formal Hearing will be held during the July 13-14, 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 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 $18,921.00 financial
warranty at a subsequent hearing.
NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY
OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.R.S.
34-32.5-120) UNTIL THE VIOLATION IS ABATED.
IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBT-VIIi A REPLACEMENT
FINANCIAL WARRANTY AS DESCRIBED IN C.R.S. 34-32.5-117 BY JUNE 24, 2011.
Office of Office of
Mined Land Reclamation I Denver Grand Junction Durango Active and Inactive Mines