2012-04-26_ENFORCEMENT - M1994011

• Permit No: M1994011
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 4/26/2012
• Doc Name: REASON TO BELIEVE LETTER
• From: DRMS
• To: WEST END GRAVEL
• Email Name: AJW
• Email Name: SSS
• 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]
April 26, 2012
Bob Sutherland
West End Gravel Company
P.O. Box 889
Nucla, CO 81424
STATE OF COLORADO
RE: Reason to Believe a Violation Exists, Failure to Submit a Financial Warranty Increase,
West End Gravel Pit, Montrose County, Permit No. M- 1994 -011.
Dear Mr. Sutherland:
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
Govemor
Mike King
Executive Director
Loretta E. Pirieda
Director
The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M- 1994 -011
require you to maintain a financial warranty in good standing for the entire life of the permit. On February
22, 2012 the Division of Reclamation, Mining, and Safety (Division) notified West End Gravel Company of a
financial warranty increase, from $73,525.00 to $87,062.00. Per C.R.S. 34- 32.5 -117 (4) (c) (II) and Rule 4.2
(2), a permittee has sixty (60) days to submit the increase or reduce the reclamation liability, which was
April 23, 2012. To date West End Gravel Company has failed to submit the increase.
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 (4) (c) (II) for
failure after date of notice of adjustment to fulfill the new requirements. Therefore, the Division has
reason to believe West End Gravel Company is in violation of Permit M- 1994 -011 and the Law, and has
scheduled this matter before the Mined Land Reclamation Board (Board).
A Formal Hearing will be held during the June 1314, 2012 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 $73,525.00 financial
warranty currently held at a subsequent 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
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