2011-06-13_ENFORCEMENT - M1984108 ‎(2)‎

• Permit No: M1984108
• IBM Index Class Name: Enforcement
• Doc Date: 6/13/2011
• Doc Name: Clarification of position after revocation
• From: DRMS
• To: Western Gravel, Inc.
• Violation No.: MV-2011-007
• Email Name: GRM
• Media Type: D
• Archive: No

STATE OF C11
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Rr. CF
COLORADO
D I V I S 10 N O F
RECLAMATION
MINING
SAFETY
June 13, 2011
Shauna Hovey
Western Gravel, Inc.
3001 North Townsend
Montrose, Colorado 81416
JUN 15 2011
Division of i?eciamation,
tAinirg and Safety
Re: Olathe Pit, Permit No. M-1984-108, Division Clarification of Position on Operator's
Request for Civil Penalty Modification and Reinstatement of Permit after Revocation,
Board Order MV-2011-007.
Dear Miss Hovey,
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
This letter is a follow up to our telephone conversation of May 2, 2011 regarding Western Gravel's
pending request to the Mined Land Reclamation Board (MLRB) to vacate or modify the civil penalty of
$2,800.00 and reinstatement of the revoked reclamation permit as ordered in MV-2011-007.
The Division has no formal stance regarding the vacation or modification of the civil penalty imposed by
the MLRB. Staff will maintain a neutral position and allow the board and operator to discuss the issue
and come to an agreement.
Per our conversation two outstanding regulatory actions need to be addressed in regard to re-
instatement of the permit. Division staff is willing to support reinstatement of the permit provided the
actions are fully addressed by Western Gravel. Those actions are:
The need for a Technical Revision (TR) to the Reclamation Plan to address the existing conditions
on site to include two ponds and reclamation instead of the one approved. This is an
outstanding problem noted on two previous inspections. Staff will ask for a stipulation that
Western must submit the TR with all materials and fees necessary for approval no later than 30
days from the date of the board order signature and final approval must be within 60 days of
said signature.
2. Approval of a well permit for exposed groundwater through the Office of State Engineer (OSE).
The groundwater exposure issue has been ongoing since at least 2007. It is understood that the
temporary augmentation plan appears to be approved and the well permit is applied for.
However, until the well permit is approved a substantial reclamation liability for backfilling
exists. The Division will request written monthly updates and copy on all submitted and
received documentation between the operator and OSE until the well permit is issued. The
Division may increase the bond to $1.2 million dollars, as previously calculated, for importation
and backfill of the ponds should the operator fail to submit any information to the Water Court
and gain a valid well permit in a timely fashion.
Office of Office of
Mined Land Reclamation Denver • Grand Junction Durango Active and Inactive Mines