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III IIIIIIIIIIIII III <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanment of Natural Rewurces <br />1313 6herman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAx: 1303) 832-8106 <br />February 15, 1995 <br />Hr. Hill Timmons <br />Ready Mixed Concrete Company, Inc. <br />4395 Washington, P.O. Box .2290 <br />Denver, Colorado 80201 <br />RE: Bromley Lake Pit, Permit No. M-87-049, Reason To Believe Notice <br />Dear Hr. Timmons: <br />~~ <br />DEPARTT4ENT C <br />NATURA <br />RESOURCE <br />Roy Romer <br />Governor <br />lames S. Lochhead <br />Fxecvtise Direcor <br />Michael B. Lang <br />Division Director <br />On February 13, 1995, we reviewed a map of your mine which you provided and found <br />that mining activities have occurred outside the permit area. We believe this <br />activity may be in violation of Colorado Mined Land Reclamation Act, C.R.S. 34-32- <br />101 et sea. and specifically C.R.S. 34-32-109(1) and (2) for mining without a <br />permit and/or C.R.S. 34-32-116(7)(h) and Rule 3.1.5(3) for failure to protect areas <br />outside the permit area from damage during the mining operation and reclamation. <br />Therefore, we have reason to believe that a violation exists to Permit M-87-049 and <br />the Law and have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the Harch 29-30, 1995 Board meeting for <br />consideration of possible violation. The hearing will be held in Room 318 of 1313 <br />Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or ae soon thereafter as <br />the matter can be considered. At that hearing you will have the opportunity to be <br />represented and heard. Zt will be reiterated that there is reason to believe that <br />you are in violation of the provisions.noted above. <br />If the Hoard finds a violation at this hearing, it may issue a Cease and Deaiat <br />order, assess a Civil Penalty in the amount of 5100.00 to $1,000.00 (or $1,000.00 <br />to $5,000.00 per day if you are found to be mining without a permit) for each day <br />of violation or order the permit be suspended, modified or revoked. In addition, <br />it may set the matter for consideration of. forfeiture of the $125,250.00 financial <br />warranty at a subsequent hearing. If you have evidence indicating that the <br />possible violation noted above does ndt exist or have been corrected, please <br />provide it to ua as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Gary Curtisa.~ <br />Sincerely, <br />CHAEL B. LON <br />Division Director <br />CERTIFIED MAIL NO. P296 608 020 <br />Return Receipt Requested <br />c:\wp51\87049RTB.LTR <br />