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• <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getches, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />pAVID C. SHELTON, Director <br />Richartl D. Lamm <br />Governor <br />May 22, 1985 <br />Mr. Jim Ary <br />Fremont Paving and Redi-Mix, Inc. <br />P.0. Box 841 <br />Canon City, CO 81212 <br />Re: Fremont Paving and Redi-Mix, Inc. "McKenzie Pit," Fremont County <br />File No. M-80-224 <br />Dear Mr. Ary: <br />Enclosed is the Inspection Report resulting from Camille Farrell's and Ed <br />Bischoff's May 8-9, 1985 Inspection of the McKenzie Pit. <br />As mentioned in this report, a technical revision, or amendment and a drainage <br />control plan should be submitted by June 21, 1985. Details required for the <br />technical revision are outlined in the "RECOMMENDATION" section of the <br />Inspection Report. <br />During the May 22-23, 1985 Board meeting, the Board will consider whether or <br />not there is a reason to believe a violation of the permit number 80-224 <br />and/or the Mined Land Reclamation Act has occurred as a result of: <br />1. disturbance of the prevailing hydrologic balance; <br />2. off-site disturbance; i.e., sedimentation resulting from erosion; <br />head-cutting at the crest of the reclaimed slope; cement and asphalt <br />waste washing and sloughing onto Santa Fe Road; <br />3. failure to submit the 1985 Annual Report, map and fees <br />4. failure to submit the 1984 Annual Report and map; and, <br />5. failure to seed the topsoil stockpile. <br />If the Board finds there is reason to believe a violation has occurred, the <br />matter will be set for a Formal Public Hearing (most probably at the July <br />24-25, 1985 meeting) to consider a possible Notice of Violation, possible <br />Cease and Desist Order, possible corrective actions for the violation, and <br />possible levying of civil penalties for any violation found. You would <br />receive at least twenty days notice of any such formal public hearing. <br />The Board meeting will be held in Room 110 of 1313 Sherman Street, Denver, <br />commencing at 9:00 a.m. each day. You may call our office during the period <br />of May 20-21, 1985 to get a more specific day and time that this matter will <br />be heard. Since an actual violation cannot be found until after the Board <br />finds "reason to believe," you may or may not wish to attend the May meeting. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />~ iii iiiiiiiiuiiiiii <br />