2011-06-27_ENFORCEMENT - M1987024

• Permit No: M1987024
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/27/2011
• Doc Name: Notice of hearing reschedule - RTB letter
• From: DRMS
• To: Western Gravel, Inc.
• Email Name: GRM
• Email Name: AJW
• Email Name: SSS
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
June 27, 2011
Judy DeVincentis
Western Gravel, Inc.
3001 N. Townsend Ave.
Montrose, CO 81401
Dear Ms. DeVincentis:
Mined Land Reclamation
STATE OF COLORADO
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
RE: Notice of Hearing Reschedule, Reason to Believe a Violation Exists, Notice of Possible
Financial Warranty Forfeiture, Washington International Insurance Bond No. in
the amount of $63,000.00, Corey Pit # 3, Montrose County, Permit No. M- 1987 -024
The Colorado Division of Reclamation, Mining, and Safety (Division) has received Western Gravel, Inc.
(Western) request to reschedule the hearing for possible permit revocation and bond forfeiture for the above
referenced enforcement action. It appears the Western maybe able to post a new bond and resolve the issue
prior to the August 2011 Mined Land Reclamation Board meeting given some additional•time. Therefore,
the Division is agreeing to a one time extension of the hearing.
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 notreceived 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).
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 August 10-11, 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 $63,000.00 financial
warranty at a subsequent hearing.
Office of Office of
Denver • Grand Junction • Durango Active and Inactive Mines