2013-05-09_ENFORCEMENT - M1995007

• Permit No: M1995007
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 5/9/2013
• Doc Name: RTB Letter
• From: DRMS
• To: Bent County Ready Mix
• Email Name: TOD
• Email Name: TAK
• 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]
May 9, 2013
Joe Thomeczek
Bent County Ready Mix
8th & Garfield
Las Animas, CO 81054
Re: Thomeczek Pit, DRIVIS file No. M- 1995 -007
Reason to Believe a Violation Exists
Dear Mr. Thomeczek:
STATE OF COLORADO
COLORADO
D I V IS I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
The Division of Reclamation, Mining and Safety (Division) conducted a monitoring inspection of the
above - referenced mine site On February 7, 2013. As part of the inspection, the Division estimated the
reclamation cost for the site. The estimated reclamation cost is $25,400, which is $15,900 more than
the $9,500 on deposit with the State. The Division notified the operator on March 5, 2013 that an
additional $15,900 of financial warranty must be submitted within 60 days of the notice. To -date, the
additional $15,900 of financial warranty has not been received.
The Division has reason to believe you are in violation of the following Statutes and Construction
Materials Rules:
C.R.S. § 34- 32.5- 117(4)(b) and Rules 4.2.1(1) and (4) for failure to maintain a financial warranty
sufficient to assure the completion of reclamation of the affected lands, and
C.R.S. § 34- 32.5- 117(4)(c)(II) and Rule 4.2.1(2) for failure to post additional financial warranty
within 60 days of notice from the Division.
The Division has scheduled this matter to appear before the Mined Land Reclamation Board. A formal
hearing will be held during the June 12 -13, 2013 Board Meeting for consideration of these possible
violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning
at 9:00 a.m. on June 12th or as soon thereafter as the matter can be considered. At that hearing you
will have the opportunity to be represented and heard. It will be reiterated that there is reason to
believe that you are in violation of the provisions noted above.
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 $1,000.00 for each day of violation pursuant to C.R.S. § 34- 32.5- 124(7), and
order the permit to be suspended, modified, or revoked. In addition the matter may be set for
consideration of forfeiture of the financial warranty at a subsequent hearing. If you have evidence
indicating that the possible violations noted above do not exist or have been corrected, please provide it
to us as soon as possible or bring it to the hearing.
Office of Office of
Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines