2013-07-15_ENFORCEMENT - M2000067 ‎(2)‎

• Permit No: M2000067
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/15/2013
• Doc Name: RTB Letter
• From: DRMS
• To: Phil Bourassa
• Email Name: DMC
• Email Name: GRM
• 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]
July 15,2013
Phil Bourassa
805 North Crest Dr #101
STATE OF COLORADO
COLORADO
D I V I S I O N OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Grand Junction, CO Loretta Pineda
81506 Director
RE: High Mesa Gravel Pit, Permit No. M -2000 -067, Reason to Believe a Violation Exists —Failure
to Provide Required Financial Warranty
Dear Mr. Bourassa:
On May 13, 2013 the Division of Reclamation, Mining and Safety (Division) mailed notice to you
requiring a financial warranty increase in the amount of $48,790.00 be submitted within 60 days for the
above noted operation. To date, the required additional financial warranty has not been submitted to the
Division.
Therefore, the Division has reason to believe the Operator is in violation of the Colorado Land
Reclamation Act for the Extraction of Construction Materials (Act), specifically: C.R.S. 34-32.5 -
117(4)(c)(II) and Rule 4.2.1(2) of the Construction Materials Rules and Regulations for failure to post
required financial warranty within sixty (60) days of the date of notice of adjustment.
A Formal Public Hearing will be held during the September 18 -19, 2013 Mined Land Reclamation Board
(Board) meeting for consideration of the possible 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. You will have the opportunity to be represented and heard.
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, and /or order the permit be suspended,
modified or revoked.
If you have evidence indicating that the possible violation(s) noted above do not exist or have been
corrected, please provide it to the Division as soon as possible or bring it to the 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 receive your
comments on the draft order within three calendar days of the date the draft order is e- mailed, unless that
deadline is extended by the Board's attorney. Submit all comments in writing, by e -mail or fax, to Mr.
John Roberts, jj.roberts @state.co.us, Fax: number 720 -508 -6037. Please note that the Division of
Reclamation, Mining and Safety has requested and will be allowed to review and comment on the draft
Board Order prior to mailing to o any part y. The Board will resolve any issues regarding the form and
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines