2011-08-08_ENFORCEMENT - M1976051

• Permit No: M1976051
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/8/2011
• Doc Name: RTB Letter
• From: DRMS
• To: Duckels Construction, Inc.
• Email Name: DMC
• Email Name: SSS
• Email Name: AJW
• Email Name: BJC
• 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]
August 8, 2011
Fred Duckels
Duckels Construction, Inc.
3500 Duckels Court
Steamboat Springs, CO 80487
Dear Mr. Duckels:
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. Pileda
Director
RE: Reason to Believe a Violation Exists, Notice of Possible Financial Warranty Forfeiture, Safeco
Insurance Company of America Bond No. in the amount of $35,000.00, Bettger
Gravel Pit, Routt County, Permit No. M -1976 -051.
The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M- 1976 -051
require that you maintain a financial warranty in good standing for the entire life of the permit. On August
1, 2011 the financial warranty for this permit was canceled. A replacement financial warranty in the amount
of $35,000.00 was required to be filed with the Division of Reclamation, Mining and Safety (Division) by
August 1, 2011. To date, a replacement fmancial warranty has not been received by the Division. 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. sec , 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 Duckels Construction, Inc. is in violation of Permit M- 1976 -051 and the Law, and has scheduled
this matter before the Mined Land Reclamation Board (Board).
A Formal Hearing will be held during the September 14 -15, 2011 Mined Land Reclamation Board (Board)
meeting for consideration of the violation. The hearing will be held at 1313 Sherman Street, Room 318,
Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. 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 $35,000.00 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 WISH TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT A REPLACEMENT
FINANCIAL WARRANTY AS DESCRIBED IN C.R.S. 34- 32.5 -117.
Office of Office of
Denver • Grand Junction • Durango Active and inactive Mines