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_~ .. ~ ~~ i STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department o! Natural Resources 1313 Sherman 51., Room 215 Denver, Colorado 8020] Phone: (7031 866-3567 FAX: (3031 H32-8106 April 18, 1996 Mr. John Sliman Southwest Ready Mix, Inc. 37400 Highway 96 East Pueblo, CO 81006 RE: Rich Pit (Permit No. M-85-218), Reason to Believe a Violation Exists Dear Mr. Sliman: II~~~ DEPARTMEIJT OF NATURAL RESOURCES RoY ROnk'r Governor lames 5. EurhhraA ERecmi.e Umrvn Michael k Lung Division IHnemi On April 11, 1996 we conducted an inspection of your mine and found evidence that disturbance associated with your mining operation, i.e. some product stockpiles and a new haul road, existed outside of the approved permit area boundaries. We believe this is in violation of either Section 34-32.5-109 or of Section 34-32.5-116(4)(1) of the Colorado Land Reclamation Act for the Extraction of Construction Materials 34-32.5-101 et. seg. C.R.S. 1984 as amended Therefore, we have found reason to believe a violation exists to Permit M-85-218 and the Law and have scheduled this matter before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the June 26-27, 1996 Board meeting (or consideration of possible violation. The hearing will beheld in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a. m. or as soon thereafter as the matter can be considered and you will have the opportunity to be represented and heard. It will be reiterated that there is reason to believe that you are in violation of the provisions noted above. If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the amount of $100.00 to $5,000.00 for each day of violation or order the permit be suspended, modified or revoked. In addition it may set the matter for consideration of forfeiture of the $5'1,542.00 financial warranty at a subsequent hearing. If you have evidence indicating [hat the possible violations noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing.