2011-07-11_ENFORCEMENT - M2000028

• Permit No: M2000028
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/11/2011
• Doc Name: Formal Public Hearing Notice, Financial Warranty.
• From: DRMS
• To: Mike A. Ferrero
• Email Name: JLE
• Email Name: AJW
• Email Name: BJC
• Email Name: JRC
• Media Type: D
• Archive: No

P
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
July 11, 2011
Mike A. Ferrero
34320 Hwy 12
Trinidad, CO 81082
Dear Mr. Ferrero:
Office of
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: Formal Public Hearing Notice, Financial Warranty, Bond No. 167193, for $13,887.00, Ferrero Pit,
Huerfano County, Permit No. M- 2000 -028
The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M- 2000 -028 require you to
maintain a financial warranty in good standing for the entire life of the permit. On April 7, 2011 the fmancial warranty
for this permit cancelled and was not renewed. On January 7, 2011 the Division sent certified correspondence to you,
requesting replacement of the required financial warrant by March 8, 2011. The Division did not receive a replacement
financial warranty and requested a check from the First National Bank of Trinidad to be issued to the State of Colorado in
the amount of the original letter of credit. On March 16, 2011, the Division received the requested payment from the
bank in the amount of $13,887.00. To date, we have not received an adequate a replacement financial warranty from you.
Therefore, we have found that there is reason to believe you are in violation of Permit M- 2000 -028 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 August 10 and 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, depending on permit type, or order the permit be suspended, modified, or
revoked. In addition it may set the matter for consideration of forfeiture of the $13,887.00 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 SUBMIT A REPLACEMENT FINANCIAL
WARRANTY AS DESCRIBED IN C.R.S. 34- 32.5 -117, PRIOR TO THE AUGUST BOARD MEETING.
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
Office of
Denver • Grand Junction • Durango Active and Inactive Mines