2011-12-13_ENFORCEMENT - M1992102

• Permit No: M1992102
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/13/2011
• Doc Name: South D-20 Pit Approval of Reclamation Activities MV2011-038
• From: DRMS
• To: Western Gravel Inc
• 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]
December 13, 2011
Judy DeVincentis
Western Gravel, Inc.
3001 N. Townsend Ave.
Montrose, CO 81401
Dear Ms. DeVincentis,
Mined Land Reclamation
6011
STATE OF COLORADO
RE: South D -20 Pit, Montrose County, Permit No. M- 1992 -102, Approval of Reclamation Activities,
MV- 2011 -038.
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 Division is granting permission to Western Gravel as allowed under the Board order to begin
specific reclamation activities along with certain restrictions. The primary concern on site is the
reduction and reclamation of highwalls, and removal of equipment. The activities approved and their
restrictions are:
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 Division of Reclamation, Mining, and Safety (Division) received a written correspondence from
Western Gravel on December 7th, 2011 requesting permission to begin reclamation activities on site to
reduce its liability. On December 8, 2011 the Division received a letter from the landowner granting
access and noting they had no issues with Western starting reclamation.
1. Per the original approved reclamation plans all highwalls are to be reduced to final slopes of
4:1. Western must focus on the reduction of highwalls to the final approved slope either by cut
and fill or backfilling. Slope angles are to be verified by the Division prior to topsoiling. Under
no circumstances shall Western disturb areas outside the approved permit area for these
activities. This would be a violation of the Act and Western would face another Board action.
2. Western and the landowner appear to have agreed on what materials stockpiled on site belong
to the landowner. Western must insure the materials are left undisturbed. No other stockpile
materials can be removed until the required work in Item #1 is totally completed. The Division
cannot allow material to be transported off site only to have to import it later at Western's
ultimate expense. Once the slopes are established and accepted by the Division any remaining
materials not specifically claimed by the landowner can be removed by separate written
Division approval.
Office of Office of
Denver • Grand (unction • Durango Active and Inactive Mines