ENFORCE29054

• Permit No: M1982147
• IBM Index Class Name: Enforcement
• Doc Date: 3/4/2002
• Doc Name: Notice of Possible Violation
• From: DMG
• To: Mobile Premix Concrete Inc.
• Media Type: D
• Archive: No

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5T1'~TE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department o(Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING~SAFETY
Mazch 4, 2002
Mr. Duane Bollig
Mobile Premix Concrete, Inc.
1590 W. 12a' Ave.
Denver, CO 80204
RE: Nyho]dMann Lake Pit; Permit No. M-1982-147
Notice of Possible Violation
Dear Mr. Bollig:
Bill Owens
Governor
Greg E. Walther
Executive Direttor
Michael B. Long
Division Director
On February 27, 2002 the Division of Minerals and Geology conducted an inspection of the Nyholt/Mann
Lake Pit, Permit No. M-1982-147 as a result of a citizen complaint and found the following:
The mining/reclamation distance between the edge of the southern pit (Pond 3) to the centerline of the
Branter Ditch is between 164 and 220 feet . The approved map titled, Minin>: Plan and Affected Lands
Exhibit C (dated 6-22-88), notes the approved limit of mining to be a distance of 275 feet to 350 feet
from the edge of the pit to the centerline of the ditch. The map titled, Reclamation Plan Exhibit F (dated
6-22-88), depicts reclamation to be established a distance of 300 feet to 550 feet from the edge of the pit
to the centerline of the ditch.
Based on the site inspections and review of the file, the Division believes the Operator to be in possible
violation of C.R.S. 34-32.5-116(1) of the Colorado Land Reclamation Act for the Extraction of
Construction Materials for failure to perform the reclamation prescribed by the mining and reclamation
plan. Specifically, the operator;
Conducted mining and reclamation in the southern pit within 164 feet to 220 feet of the Branter
Ditch. The approved mine plan depicts a mining limit of 275 feet to 350 feet to the centerline of the
Branter Ditch and the approved reclamation plan depicts a reclamation limit from 300 feet to 550 feet
from the edge of the pit to the centerline of the ditch.
The Division will scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the AprIl 24-25, 2002 Board meeting for consideration of
possible violation. The heazing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 10:00 a.m. on the 24"' and 9:00 a.m. on the 25t" or as soon thereafter as the matter can be
considered. At that hearing you will have the opportunity to be represented and heazd. It will be
reiterated that there is reason to believe that you aze in violation of the provisions noted above.