2011-09-29_ENFORCEMENT - M1992102

• Permit No: M1992102
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 9/29/2011
• Doc Name: RTB Letter
• From: DRMS
• To: Western Gravel, Inc.
• Email Name: GRM
• 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]
September 29, 2011
Judy DeVincentis
Western Gravel, Inc.
3001 N. Townsend Ave.
Montrose, CO 81401
RE: Reason to Believe a Violation Exists, Notice of Possible Financial Warranty Forfeiture,
Washington International Insurance Bond No. in the amount of $101,175.00,
South D -20 Pit, Montrose County, Permit No. M- 1992 -102.
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
Govemor
Mike King
Executive Director
Loretta E. Pineda
Director
The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M- 1992 -102
require you to maintain a financial warranty in good standing for the entire life of the permit. On
September 16, 2011 the financial warranty for this permit was canceled. A replacement financial warranty
in the amount of $101,175.00 was required to be filed with us by August 17 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- 1992 -102 and the
Law, and has scheduled this matter before the Mined Land Reclamation Board (Board).
A Formal Hearing will be held during the November 9 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 $50,213.00 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.
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 prior to or at the time of your hearing, or you must inform the Board orally
during the hearing that you request to review the draft order. You must include your mailing address
Office of
Office of
Denver • Grand Junction • Durango Active and Inactive Mines