ENFORCE22344

• Permit No: M1986061
• IBM Index Class Name: Enforcement
• Doc Date: 5/8/2006
• Doc Name: RTB a violation exists
• From: DMG
• To: Oldcastle SW Group Inc. dba Four Corners Materials
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depattrnent of Natural Resources
1313 Sherman SL, Raom 2t5
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]$106
OLORADO
I V I S t O N O F
IINF~RALS
EOLOGY
2006 /
M
8
ay
,
Bill Owens
Governor
Ms. Mazcia Talvitie
~
~
Oldcastle SW Group, Inc. dba Four Corners Materials E
mi
e
c
ve Director
P.O. Box 2707

Durango, CO 81302 _
i
re
vision Di
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/ Natural Resourre TrusKe
Re: Cugnirri Gravel Pit, Permit No. M-1986-061, Reason to Believe a Violation Exists
Deaz Ms. Talvitie:
The Mined Land Reclamation Act and Permit No. M-1986-061 require you to maintain a financial warranty in good standing for the
entire Life of the permit. On November 21, 2005 the financial warranty for this permit was cancelled. A replacement financial warranty
needed to be Sled with us by October 22, 2005 as noted in recent correspondence to you. We have not received a replacement financial
warranty. Therefore, we have found that there is reason to believe you aze in violation of Permit No. M-1986-061 and the Law,
specifically: Failure to maintain a financial warranty in good standing for the life of the permit as required by C.R.S. 34-32-117(6) or
C.R.S.34-32.5-117(6).
A Formal Public Hearing will be held during the June 14-15, 2006 Mined Land Reclamation Board meeting for consideration of the
violation. The hearing will be held in Room 318 of 1313 Shem~an 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 heazd at the hearing.
If the Boazd fords 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 or order the petrnit be suspended, modified, or revoked. In addition it may set the matter for
consideration of forfeiture of the $117,293.00 financial warranty at a subsequent hearing.
Foilowing the hearing, the parties have an opportunity to review and comment on a draft of the Board's order ifrequested. Ifyou wish
to do so, you must provide the Board with a written request to review the drag order at or before your hearing, or you may request to
review the draft order at the heating. An oral request to review the draft order must be made on the record during the hearing. You
must include your mailing address and, if possible, a fax number. You will be provided a copy of the draft order for your review as soon
as it is available. Please note that the Division has requested the opportunity to review the draft order in this matter. The Boazd must
receive any written comment within seven days following the mailing of the draft order, unless that deadline is extended For good cause.
Submit all comments in writing to Tyson Powell, Assistant Attorney General, ] 525 Sherman Street, 5th Floor, Denver, CO 80203,
telephone no. [phone], fax no. [phone]. The Board will resolve any issues regazding the form ofthe order. This process
does not affect you right to request reconsideration by the Boazd or appeal the substance of the order.
IF YOU WANT TO AVOID THESE CONSEQUENCES, PLEASE SUBMIT A REPLACEMENT FINANCIAL WARRANTY AS
DESCRIBED IN C.R.S. 3432-117 OR 34-32.5-117, BY JUNE 7, 2006.
If you h any questions, please contact Suzi Ericksen at 303-866-4920.
mcere ,
RONALD W. CATTANY
Division Director
CERTIFIED MAIL N0.7004 1350 0001 1636 8364
Return Receipt Requested

O(hce ~ Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geologiral Survey