ENFORCE31447

• Permit No: M1983033
• IBM Index Class Name: Enforcement
• Doc Date: 4/20/2001
• Doc Name: HEARING NOTICE WALSTRUM QUARRY PN M-83-033
• From: DMG
• To: ALBERT FREI & SONS INC
• Media Type: D
• Archive: No

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OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanment of Natural Resources
1313 Sherman St .Room 215
Denver, Colorado 80203
Phone: [phone]
FAX Q03)832-8106
Apnl 20, 2001
Mr. Albert R. Frei
Albert Frei and Sons, Inc.
11521 Brighton Road
Henderson. CO 80640
Re: Hearing Notice, Walstrum Quarry, Permit No.,M 1983-033
Dear Mr. Frei:
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
gill Owens
Governor
Greg E. Walther
Execwive Director
Mrchael B. Long
Division Director
On March 6, 2001 the Division of Minerals and Geology reviewed the status of the blasting vibration evaluation for the Walstrum
Quarry required by a letter to Albert Frei and Sons, Inc. from the Division dated November I, 1999, and found the following:
Extensions to the deadline to provide the blasting evaluation were granted in discussions with Frei and Sons consultant.
These extensions were granted on February?, 2000, April 18, 2000, and August 24, 2000. These extensions were granted
lazgely based on representations that blast vibration measurements and analyses were being conducted at the quarry, that
the measurements showed no potential for off site impacts, and that the data collected would be assembled and included
in a forthcoming blasting vibration evaluation report. During a discussion on March 6, 2001, Fret's consultant was no[iFed
that if the blasting evaluation were not immediately forthcoming, this matter would be scheduled for a hearing to consider
a violation of the Walstrum Qua[ry reclamation permit. As of the date of this letter [he blasting evaluation report has not
been received.
We believe the failure [o provide the blasting vibration evaluation is in violation of
Section 34-32.5-116(4)(1) C.R.S. that requires "Areas outside of the affected land shall be protected from slides and
damage occurring during the mining operation and reclamation."
Therefore, we have reason to believe that a violation exists to Permit M-1983-033 and [o the Law, and have scheduled this matter r
before the Mined Land Reclamation Board. i
A Formal Public Hearing will be held during the May 23-24, 2001 Board meeting for consideration of possible violation(s). 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. 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 a[ 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, and/or order the permit be suspended, modified or revoked. In addition, the Board
may set the matter for consideration of forfeiture of the $75,000.00 financial warranty at a subsequent hearing. If you have
evidence indicating that the possible violation(s) noted above do not exist or have been corrected, please provide it to us as soon
as possible or bring it to the hearing.
If you have any questions, please contact Allen Sorenson.
Sincere y,
MICHAEL B. LONG ~~ ~ g1
Division Director
CERTIFIED MAIL NO. 7000 1670 0008 8581 8584
Return Receipt Requested
cc: Steve O'Brian. Environment, Inc.
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