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<br />~~~ I~~~~~I~~'I~~'~~ <br />999 <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Geiches, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />Richard D. Lamm <br />Governor <br />November 16, 1984 <br />Mr. Al Martino <br />Pueblo Paving, Inc. <br />728 West 9th Street <br />Pueblo, Colorado 81003 <br />RE: Zelletti Pit; File No. 80-246 <br />Dear Mr. Martino: <br />On November 14, 1984 pursuant to C.R.S. 34-32-124(1), the Mined Land <br />Reclamation Board determined that it has reason to believe that certain <br />provisions of permit no. 80-246, issued to your company, have been violated. <br />The provisions alleged to have been violated are, for permit no. 80-246: <br />Those conditions, recitals, and agreements which state that the <br />proposed mining and reclamation operations can be carried out in <br />conformance with the requirements of the Act (the Mined Land <br />Reclamation Act, C.R.S. 34-32-101, et. s~ce .) and that the operator <br />agrees to be bound by all applicable requirements of the Act and all <br />applicable rules and regulations of the Board, as amended from time to <br />time. <br />Furthermore, the Board also found reason to believe that Section <br />34-32-117(6)(a) of the act had been violated by your company for permit number <br />80-246. This Section states in pertinent part <br />"Financial warranties shall be maintained in good standing for the <br />entire life of any permit issued under this article." <br />The facts constituting the alleged violation(s), for your permit, are as <br />follows: <br />Pueblo Paving, Inc, has failed to maintain adequate financial warranty <br />for the Zelletti Pit. Financial warranty (bond no. 60 24 530 from the <br />Fidelity and Deposit Company of Maryland) was cancelled by the surety <br />company, effective November 7, 1984. Pueblo Paving, Inc. was notified <br />of the impending cancellation on June 20, 1984. To date an adequate <br />replacement financial warranty has not been received by the Mined Land <br />Reclamation Division. <br />Therefore, pursuant to C.R.S 34-32-124, you are hereby notified that <br />consideration of a possible violation to your permit has been scheduled for a <br />formal public hearing of the Mined Land Reclamation Board to be held in Room <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />