2009-04-27_ENFORCEMENT - M1984108

• Permit No: M1984108
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 4/27/2009
• Doc Name: Third continuance to 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
1313 Sherman St., Room 215
O L O
Denver, Colorado 80203 ION o?
o
Phone: [phone] RECLAMATION
FAX: [phone] MINING
-&-
SAFETY
April 27, 2009 APR 3 0 2009
Division of t-tec:2matioFl, Bill Ritter, Jr.
Judy DeVincentis VIA FACSIMILE [phone] and US Malik mg and Safety Governor
Western Gravel, Inc. Harris D. Sherman
3001 North Townsend Avenue Executive Director
Montrose, CO 81401 Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Third Continuance ?fFormal 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)(1) for failure to maintain sufficient financial warranty to
assure the completion of reclamation, and C.R.S. 34-32.5-117(4)(c)(II) 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 and then again to May 13 and 14, 2009.
Recent communication from the Operator, dated April 21, 2009, indicates the review process of the
Olathe Pit SWSP nears completion. The Office of the State Engineer has confirmed such progress.
Therefore, the Division has continued the Formal Board Hearing to June 10 and 11, 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 June 10 and 11, 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 June 10th and 11th 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 June 10 and 11, 2009.
Sinter
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 9 Grand Junction 9 Durango Active and Inactive Mines