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2. On September 5, 2024, the Division inspected the site. Paul Bottini was <br /> present on behalf of the Operator. The inspection report, signed on October 8, 2024, <br /> identified several possible violations observed by the Division. During the inspection, <br /> the Division observed rebar, other metal material, a metal drum, wood, and plastic <br /> and debris scattered throughout the site as well as backfilled within the exposed <br /> groundwater pits. The inspection report also noted a lack of topsoil stockpiles at the <br /> site. The inspection report provided the Operator with a description and photos of the <br /> site and identified the possible violations. <br /> 3. On October 10, 2024, the Division sent the Operator a Reason to <br /> Believe a Violation Exists letter, outlining alleged violations and informing the <br /> Operator that the matter had been set for a hearing before the Board at its <br /> November 13, 2024 meeting. <br /> 4. The Operator requested and was granted a continuance of the hearing <br /> to the Board's December 11, 2024 meeting. <br /> 5. At the hearing, the Division provided testimony regarding the site. <br /> Groundwater at the site is shallow, approximately five feet below the surface. <br /> Mining was completed at the site in the 1990's, but a permit conversion in 1996 <br /> allowed the import of fill material from a different permitted site, the King Pit, that <br /> was to be used to fill the groundwater pits. The Operator was required to stockpile <br /> topsoil on the site. The 2024 inspection, however, showed that rebar, wood, plastic, <br /> a metal drum, and other materials that were not inert had been used as fill <br /> material. The ponds were observed to have chunks of concrete with rebar <br /> protruding from the water. Pieces of lumber were sticking out of the ground and <br /> scattered around the site. Rebar was also observed to be protruding from the <br /> ground. The site also had a large stockpile of tires onsite. The permit conversion <br /> application approved in 1996 included and affidavit from the Operator stating that <br /> only clean fill from the King Pit would be used as fill at the site. <br /> 6. The Division also presented testimony regarding the lack of a topsoil <br /> stockpile at the site. The Operator had been informed by the Division in 2000 that it <br /> would need to import topsoil to the site and a bond increase was issued at that time. <br /> In 2009, a consultant working for Operator had informed the Division that the <br /> Operator would import and spread topsoil at the site. In 2010, the Division had <br /> informed the Operator that steel needed to be removed from the site and topsoil <br /> imported. The Operator, through a consultant, had informed the Division in 2011 <br /> that the Operator would bring topsoil to the site. The Division presented testimony <br /> that the topsoil issue had not been remedied when staff conducted the September 5, <br /> 2024 inspection. <br /> 7. The Operator also presented testimony regarding the alleged <br /> violations. The site is used for processing of materials mined at the King Pit, with <br /> Southwest-Ready Mix, Inc. <br /> Alamosa Pit No. 2, File No. M-1983-175 <br /> MV-2024-026 2 <br />