2007-12-07_ENFORCEMENT - m1986033

• Permit No: m1986033
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/7/2007
• Doc Name: RTB Ltr.
• From: DRMS
• To: Sunnyside Gravel
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
December 7, 2007
Alton Hess
Sunnyside Gravel
9983 Hwy 550
Durnago, CO 81301
yh
COLORADO
DIVISION O F
RECLAMATION
MINING
- &-
SAFETY
Bill Ritter, )r.
Governor
/ Harris D. Sherman
Executive Director
Ronald W. Cattany
Re: Reason To Believe a Violation Exists, Sunnyside Gravel, File No. M-1986-033 Hess Pitpivision Director
Natural Resource Trustee
Dear Mr. Hess:
On February 5, 2007, the Division of Reclamation, Mining, and Safety (Division) notified Sunnyside
Gravel that the Platte River Insurance Company had notified the Division that it would be cancelling the
Financial Warranty for the Hess Pit on May 8, 2007. Sunnyside Gravel was notified that a replacement
bond must be received by the Division no later than Apri18, 2007. The Division has not received the
necessary replacement bond.
Therefore the Division believes this is a possible violation of Colorado Revised Statutes C.R.S. 34-32.5-
117(4)(b)(I) for failure to maintain sufficient financial warranty to assure the completion of reclamation
on the affected land. Therefore, the Division has reason to believe a violation exists to the Law and
Rules and has scheduled this matter before the Mined Land Reclamation Board (MLRB).
A Formal Public Hearing will beheld at the January 9 and 10, 2008 MLRB meeting for consideration of
a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado
beginning at 09:00 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 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 for failure to maintain sufficient
financial warranty to assure the completion of reclamation on the affected land and reasonable fees to cover
Division expenditures in this matter. If you have evidence indicating that the possible violations noted
above do not exist or has been corrected, please provide it to us as soon as possible or bring it to the
hearing.
Following the hearing, the parties will have an opportunity to review and comment on a draft of the
Board's order if requested. If you wish to do so, you must provide the Board with a written request to
review the draft order at or before your hearing, or you may request to review the draft order at the
hearing. 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 or email address. 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 Board 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 Roxane D. Baca, Assistant Attorney General, 1525
Sherman Street, 5th Floor, Denver, CO 80203, telephone no. (303)-866-5696, fax no. [phone].
The Board will resolve any issues regarding the form of the order. This process does not affect your
right to request reconsideration by the Board or appeal the substance of the order.
Office of Office of
Mined Land Reclamation Denver Grand Junction DuranQO Artiva and Inar•tivP MInPC