2012-02-01_ENFORCEMENT - M1992102

• Permit No: M1992102
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/1/2012
• Doc Name: Notice of Reschedule
• From: DRMS
• To: Western Gravel, Inc.
• Violation No.: MV2011038
• Email Name: GRM
• Email Name: SSS
• 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]
41 ruary 1, 2012
Judy DeVincentis
,4estern Gravel, Inc.
3001 N. Townsend Ave.
Montrose, CO 81401
!X� /ashington 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 echedule 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:
STATE OF COLORADO
Loretta E Pineda
Director
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.
The matter has been continued from the February 8 2012 to the March 1415, 2012 Board hearing
at the request of all parties. Washington International and Western Gravel are evaluating options to
finish reclamation and prevent the forfeiture of the referenced bond. The Division supports the
continuance to exhaust all options prior to any final hearing on the issue.
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAFETY
John W Hickenlooper
Governor
Mike King
Executive Director
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 was to be held during the March 14'15, 2012. That hearing is being rescheduled
and will be held during February 8 2012 Mined Land Reclamation Board meeting for consideration of
the revocation and 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.
Office of
Mined Land Reclamation Denver • Grand Junction • Durango
5rm 5-SS
Office of
Active and Inactive Mines