ENFORCE33453

• Permit No: M1983175
• IBM Index Class Name: Enforcement
• Doc Date: 7/18/1996
• Doc Name: REASON TO BELIEVE LETTER ALAMOSA PIT 2 PN M-83-175
• From: DMG
• To: SOUTHWEST READY MIX INC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1317 Sherman Sl., Room 215

Denver, Colorado BO?03 I
~
Phone: [phone] ~~
I
FAx: (303) 8J2-8106
DEPARTMENT OF
NATURAL
RESOURCES
July 18
1996 Roy ROn,er
, Gnremnr
ML ROCk SOUII1Wa IamcsS Lochhead
y y E+eCUlivc Dncdor
Southwest Ready-Mix, Inc. M,rh,ei e. ErJny,
117 White Pine Drive D~„~~~on D~reaor
Alamosa, CO 81101
RE: Reason to Believe Letter, Alamosa Pit No. 2. Permit No. M-83-175
Dear Mr. Southway:
On July 12, 1996 we conducted an inspection of your mine and found that the operator mined 21.5 acres
outside the approved 8 acre permit area.
We believe this is in violation of C.R.S. 34-32.5-109 for mining without a permit or C.R.S. 34-32.5-116(4)(1)
for not protecting areas outside of the affected land from damage occurring during the mining operation.
Therefore, we have found reason to believe a violation exists to Permit M-83-175 and the Law and have
scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the August 28-29, 1996 Board Meeting for consideration of
possible violation. The hearint; will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 9:00 a.m: or as soon thereaher 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.
I(the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the
amount of $1,000.00 to $5,000.00 for each day of violation if the violation is mining without a permit or an
amount of $100.00 to $1000.00 for each day of violation if the violation is for not protecting areas outside
of the affected land from damage occurring during the mining operation; or order the permit be suspended,
modified or revoked. In addition it may set the matter for consideration o((or(eiture of the $5,000.00 financial
warranty at a subsequent hearint;. If you have evidence indicating that 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.
If you have any questions, please contact James Dillie.
Sincere)
MICHAEL B. LONG
Division Director
MBL/JD/amm
CERTIFIED MAIL NO. Z 416 942 824
Return Receipt Requested M:lossummssw,vra