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2010-07-16_ENFORCEMENT - M1994096
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2010-07-16_ENFORCEMENT - M1994096
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Last modified
8/24/2016 4:16:18 PM
Creation date
7/19/2010 7:33:50 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1994096
IBM Index Class Name
ENFORCEMENT
Doc Date
7/16/2010
Doc Name
RTB Letter
From
DRMS
To
High Plains Sand anfd Gravel, LLC
Email Name
ECS
AJW
Media Type
D
Archive
No
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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br /> <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />July 16, 2010 <br />Bill Ritter, Jr. <br />Governor <br />Mr. Robert Pittington Sr. Mike King <br />Executive Director <br />High Plains Sand and Gravel, LLC <br />Loretta E. Pineda <br />P.O. Box 1228 <br />Director <br />Wellington, CO 80549 <br />RE: High Plains Sand and Gravel, LLL; Russell Gravel Pit; Llll?rl0 1 lle ? 1V1- L77Y-V76; ?\otile <br />of Reason to Believe a Violation Exists for the Russell Gravel Pit <br />Dear Mr. Pittington: <br />On April 6, 2010, the Division of Reclamation, Mining & Safety (the Division) sent a letter informing you that <br />Norbel Credit Union had notified the Division of its intent to cancel Letter of Credit No. 11 in the amount of <br />$33,900.00 effective July 16`h, 2010. That letter also noticed you that we must have a replacement financial <br />warranty by May 161`, 2010 or we would draw on the letter of credit and hold the amount drawn as a cash deposit <br />until a replacement financial warranty was submitted. On May 20, 2010, since we had not received a replacement <br />financial warranty, the Division submitted by certified mail, a cover letter, a sight draft with an accompanying <br />statement by the Division's Director and the original Letter of Credit No. 011 to Norbel demanding payment. On <br />July 14, 2010, Norbel Credit Union notified the Division that it was refusing to honor the sight draft. <br />Therefore, the Division believes that this is a violation of C.R.S. 34-32-117(6)(a) and Rule 4.1(7) of the <br />Construction Materials Rules and Regulations for failure to maintain a financial warranty in good <br />standing for the entire life of the permit issued under this article and C.R.S. 34-32-117(2) for failure to <br />comply with the performance warranty as required by this article. <br />Therefore, we have reason to believe that a violation exists to DRMS File Number M-1994-096 and to <br />the Law, and have scheduled this matter to appear before the Mined Land Reclamation Board. <br />An Enforcement Hearing will be held during the September 15th and 16th, 2010 Board Meeting for <br />consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, <br />Denver, Colorado, beginning at 9:00 a.m. on September 15th or as soon thereafter as the matter can be <br />considered. At that hearing you will have the opportunity to be represented and heard. It will be <br />reiterated that there is reason to believe that you are in violation of the provisions noted above. <br />If you wish to waive your right to a 30 day notice of the hearing in order to appear before the MLRB at <br />the August 9th or 10th, 2010 Board Meeting, please submit this request in writing at your earliest <br />convenience but no later than 10 days before the meeting. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil <br />Penalty in the amount of $ 100.00 to $1,000.00 for each day of violation. If you have evidence <br />indicating that the possible violations noted above do not exist or have been corrected, please provide it <br />to us as soon as possible or bring it to the hearing. <br />Office of <br />Mined Land Reclamation Office <br />Denver Grand Junction o Durango Active and Inactive Mines
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