2009-03-24_ENFORCEMENT - M1984108

• Permit No: M1984108
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 3/24/2009
• Doc Name: Second continuance of formal Board hearing
• From: DRMS
• To: Western Gravel, Inc.
• Email Name: WHE
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources RECE
4?*4
1313 Sherman St., Room 215 C :
R A D O

Denver, Colorado 80203
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D I ? o N o
Phone: [phone]
832
8106
03
Division of Keci:m
ti REMATION
NING
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FAX: (3
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on,
Mic,;ng and Safety SAFETY
March 24, 2009 Bill Ritter, Jr.
Governor
Judy DeVincentis VIA FACSIMILE ( 970) 249-0590 and US Mail Harris D. Sherman
Western Gravel, Inc. Executive Director
3001 North Townsend Avenue Ronald W. Cattany
CO 81401
Montrose Division Director
, Natural Resource Trustee
RE: Second Continuance of Formal Board Hearing,
Reason to Believe a Violation Exists, Olathe Pit, Permit No. M-1984-108.
Dear Ms. DeVincentis:
On February 3, 2009, the Division noticed Western Gravel of a Formal Board Hearing for consideration
of possible violation of C.R.S. 34-32.5-117(4)(b)(I) for failure to maintain sufficient financial warranty'to
assure the completion of reclamation, and C.R.S. 34-32.5-117(4)(c)(11) for failure to submit a financial
warranty within 60 days of adjustment at the Olathe Pit. The adjustment in financial warranty was
warranted to assure the protection of water resources and compliance with Colorado water laws
governing injury to existing water rights. The hearing was scheduled for March 11 and 12, 2009.
Subsequently, the Office of the State Engineer (OSE) confirmed receipt of the Olathe Pit Substitute
Water Supply Plan (SWSP). In an effort to accommodate the review process of the OSE, the Division
continued the Formal Board Hearing to April 8 and 9, 2009.
Recent communication with the Office of the State Engineer confirms that the review process of the
Olathe Pit SWSP continues. Therefore, the Division has continued the Formal Board Hearing to May 13
and 14, 2009. Please bear in mind the Division still has reason to believe a possible violation of C.R.S.
34-32.5-117(4)(b)(1) and C.R.S. 34-32.5-117(4)(c)(II) exists.
Therefore, a Formal Board Hearing will be held at the May 13 and 14, 2009 Board meeting for
consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street,
Denver, Colorado, beginning at 9:00 a.m. on May 13th and 14th or as soon thereafter as the matter can
be considered. The conditions previously stated in the Division's notice, dated February 3, 2009, remain
intact. However, the date of the hearing, originally scheduled for March 11 and 12, 2009, has been
continued to May 13 and 14, 2009.
Sincgrea
Wallace H. Erickson
Environmental Protection Specialist
cc: Sitira Pope, Secretary to the MLRB, fax [phone]
Steve Shuey, Senior Environmental Protection Specialist, fax [phone]
Bob Hurford, Division 4, DWR, fax [phone]
Office of Office of
Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines