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<br /> <br /> <br /> <br /> <br /> <br />November 2, 2023 <br /> <br /> <br />Ralph Martinez <br />Southway Construction Company, Inc. <br />117 White Pine Dr <br />Alamosa, CO 81101 <br /> <br /> <br />Re: Stage Stop Pit - File No. M-1984-025 <br /> Southway Construction Company, Inc. <br /> Surety Release Request (SL-1) <br /> Full/Final Release <br /> <br />Dear Ralph Martinez: <br /> <br />On November 2, 2023 the Division of Reclamation, Mining and Safety considered your request for a <br />financial warranty release. The Division found that reclamation had not been accomplished at this <br />site and denied this request. CDOT cews were actively taking stockpiled material from within the <br />permit boundary for a project on nearby roadways. The permit cannot be released while material is <br />actively being removed from the site. Additionally, three stockpiles and two highwalls are still <br />present within the permit boundary. Per Rule 3.1.5 grading shall be carried on so as to create a final <br />topography appropriate to the final land use. Stockpiles and highwalls must be reclaimed before the <br />the permit can be released. Please review the October 24, 2023 inspection report for the specific <br />reasons for the financial warranty release denial. <br /> <br />In addition, if you have past due annual fees or unpaid civil penalties, your surety cannot be reduced <br />or released. <br /> <br />In accordance with Rule 1.4.11, any person who can demonstrate that they are directly and adversely <br />affected or aggrieved by an action of the Office, may petition for a hearing before the Board on such <br />action within thirty (30) days of the date of the Office decision, if the decision was a denial, without a <br />hearing. Such petitions for a hearing shall state how the petitioner is directly and adversely affected or <br />aggrieved by the Office’s decision, and how the petitioner’s interests are entitled to protection under <br />the Act. The petitioner shall list and explain any issue the petitioner believes should be considered by <br />the Board at the hearing on the matter. The petition for a hearing shall specify the application or file <br />number assigned by the Office. <br /> <br />If you have any questions, please contact me by telephone at (303) 866-3567 x 8107, or by email at <br />Todd.jesse@state.co.us. <br /> <br />Sincerely, <br /> <br />