2012-01-06_ENFORCEMENT - M1994011

• Permit No: M1994011
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 1/6/2012
• Doc Name: RTB Letter
• From: DRMS
• To: West End Gravel Company
• Email Name: GRM
• Email Name: SSS
• Email Name: AJW
• 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]
January 6, 2012
Bob Sutherland
West End Gravel Company
P.O. Box 889
Nucla, CO 81424
Dear Mr. Sutherland:
STATE OF COLORADO
RE: Reason to Believe a Violation Exists, Failure to Reclaim, West End Pit, Permit No. M- 1994 -011.
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
On July 19, 2011 the Division inspected the pit with West End Gravel and noted the lack of completion of
reclamation, and the lack of legal right to enter as problems in the inspection report with a correction date
of October 3, 2011. To date the Division has not received documentation noting reactivation of the site or
a plan to finish the required reclamation, nor has it received the proper documentation that legal right of
access has been reestablished.
Pursuant to the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-
32.5- 124(1), the Division believes you are in violation for failure to comply with Construction Materials
Rule 6.4.14 and the conditions of reclamation permit M- 1994 -011. Additionally, the Division believes you
are in violation of the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S.
34- 32.5- 116(4)(q) and Construction Materials Rule 3.1.3, for failure to reclaim the site with reasonable
diligence and within five (5) years of notifying the Board through annual reports that reclamation had
commenced. Therefore, the Division has scheduled these matters for hearing before the Mined Land
Reclamation Board (Board).
A formal hearing will be held during the February 8 - 9, 2012 Mined Land Reclamation Board meeting for
consideration of the violations. 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 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 THE REQUESTED PROOF OF LEGAL
RIGHT TO ENTER AS REQUIRED UNDER RULE 6.4.14 AND DOCUMENTATION THAT MINING AND /OR
Office of
Office of
Mined Land Reclamation
Denver • Grand Junction • Durango Active and Inactive Mines