2011-11-22_ENFORCEMENT - M1992102

• Permit No: M1992102
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/22/2011
• Doc Name: Notice of permit revocation and FW forfeiture
• From: DRMS
• To: Western Gravel, Inc. & Washington International Insurance Company
• Violation No.: MV-2011-038
• 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]
November 22, 2011
Judy DeVincentis
Western Gravel, Inc.
3001 N. Townsend Ave.
Montrose, CO 81401
Washington International Insurance Company
475 N. Martingale Road, Suite 850
Schaumburg, Illinois 60173
RE: South D -20 Pit, Montrose County, Permit No. M- 1992 -102, Notice of Permit Revocation and
Financial Warranty Forfeiture, Washington International Insurance Bond No. in the
amount of $101,175.00, MV- 2011 -038.
Notice to all parties:
On November 9, 2011 the Mined Land Reclamation Board (Board) after hearing testimony determined
that the above named operator has not kept a financial warranty in good standing for the referenced
permitted site pursuant C.R.S. 34- 32.5- 117(6)(a). Per violation MV- 2011 -038 the Board issued a cease
and desist order barring any further mining or reclamation activities on site without Division approval,
and issued a civil penalty of $5,100.00. The Board also determined that the permit and the financial
warranty were subject to revocation and forfeiture. The Board Order directed the Division of
Reclamation, Mining, and Safety to schedule a hearing for permit revocation and forfeiture of financial
surety number in the amount of $101,175.00.
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. This letter serves as the
required notice to all parties.
A formal board hearing will be held during the January 11 2012 Mined Land Reclamation Board
meeting for consideration of the forfeiture. The hearing will be held in Room 318, 1313. Sherman Street,
Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. All
parties have the right to be represented and heard at the hearing.
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
and, if possible, a fax or email address. You will be provided a copy of the draft order by e -mail for your
review as soon as it is available, unless a hard copy by mail is requested. The Board's attorney must
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
Office of
Denver • Grand Junction • Durango Active and Inactive Mines