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2013-01-11_ENFORCEMENT - M1983176
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2013-01-11_ENFORCEMENT - M1983176
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Entry Properties
Last modified
8/24/2016 5:11:59 PM
Creation date
1/14/2013 3:52:34 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1983176
IBM Index Class Name
ENFORCEMENT
Doc Date
1/11/2013
Doc Name
RTB LETTER
From
DRMS
To
Asphalt Specialties Co. Inc.
Email Name
BMK
AJW
Media Type
D
Archive
No
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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />January 11, 2013 <br />Mr. Rob Laird <br />Asphalt Specialties CO. Inc. <br />7321 E. 88 Ave. Suite 100 <br />Henderson, CO. 80640 <br />STATE OF COLORADO <br />RE: Reason to Believe a Violation Exists at the Speer Mining Resources Pit; Adams County; Permit <br />No. M -1983 -176 <br />Mr. Laird: <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />The Colorado Land Reclamation Act for the Extraction of Construction Materials and Permit M -1983 -176 <br />require you to maintain adequate financial warranty in good standing for the entire life of the permit. On <br />November 5 2012 the Division sent you a certified letter informing you of the cancellation of surety No. <br />929386950 in the amount of $678,169.00 effective February 10, 2013. To date, the Division has not <br />received a replacement warranty. <br />An Enforcement Hearing will be held during the February 13th and 14` Mined Land Reclamation Board <br />meeting for consideration of the violation. The hearing will be held in Room 318 of 1313 Sherman Street, <br />Denver, Colorado, beginning at 9:00 a.m. on February 13 or as soon thereafter as the matter can be <br />considered. You have the right to be represented and heard at the hearing. It will be reiterated that there is <br />reason to believe that you are in violation of the provisions listed above. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, and /or assess a civil <br />penalty in the amount of $100.00 to $1000.00 for each day of violation, depending on permit type, or order <br />the permit be suspended, modified, or revoked. In addition, it may set the matter for consideration of <br />forfeiture of the Permit at a subsequent hearing. <br />If you want to avoid these consequences, please submit a replacement financial warranty as described in C.R.S 34- 32.5 -117, <br />prior to February 10, 2013. <br />John W. Hickenlooper <br />Governor <br />Therefore, the Division has found that there is reason to believe you are in violation of M -1983 -176 and the <br />Law, specifically: Failure to maintain financial warranty in good standing for the life of the permit as <br />required by C.R.S. 34- 32.5 -117 (6). <br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's <br />order before it becomes final. If you wish to do so, you must provide the Board with a written request to <br />review the draft order prior to or at the time of your hearing, or you must inform the Board orally during <br />the hearing that you request to review the draft order. You must include your mailing address and, if <br />possible, a fax or email address. You will be provided a copy of the draft order for your review as soon <br />as it is available. The Board must receive your comments on the draft order within ten (10) calendar <br />days of the date the draft order is mailed, unless that deadline is extended. Please note that the Division <br />o Reclamation Minin_ and Sa e has re nested and will be allowed to review and comment on the draft <br />Board Order prior to mailing to any party. Submit all comments in writing to Mr. John Roberts, <br />Assistant Attorney General, 1525 Sherman Street, 7 Floor, Denver, Colorado 80203, or FAX (303) 866- <br />Office of <br />Mined Land Reclamation <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />
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