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- , iii iiiiiiiiiiiu iii , STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman 5[., Room 215 Denver, Colorado 80203 DIVISION O F Phone: (303) 866-3567 MINERAL S FAX: (303) 832-8106 dt GEOLOGY September 14, 2001 R E C L A M A T I O N MINING•SAFETY Mt. John Hickman Bill Owens Mobile Premix Concrete, Inc. c°"er"°r 1590 W. 12'° Avenue Greg E. Walther Denver, CO 80204-3410 Executive Director Michael B. Long RE: Reason to Believe a Vwlation Exists, Howe Pil, Permit No. M-1978-051 o."islon Director Dear Mr. Hickman On June 13, 2001 the Division of Minerals and Geology participated in a meeting with the Urban Drainage & Flood Control District (UDFCD) a[ Ule request of UDFCD [o Ieam of flood related damage that had occurred on and adjacent to the above mentioned operation on May 5, 2001. The Division conduced a site inspection of your opemtion on ]uly 7, 2001 and began an investigation to discern the extent of flood related damage that had occurred both within the boundaries and outside the boundaries of the Howe Pit, Permit No. M-1978-052. The investigation has revealed the following: 1) there aze at least 1000 linear feet of severely eroded and unstable cut banks of the Bull Seep Slough within the permit area; 2) [here are at leas[ 21001ineaz fee[ of severely eroded and unstable cut banks of the Bull Seep Slough outside the permit area; 3) the invert of the Bull Seep Slough channel outside the permit azea has dropped or downcu[ 3.5 to 6 fee[ from known levels prior [o the May 5, 2001 flood event; and 4) the Bull Seep Slough Channel outside the permit area has widened up to an additional 90 Ceet. The Division believes that these damages are the direct result of Mobile Premix Concrete, inc. not installing the relocated Bull Seep channel in the approved location, and no[ properly installing the other associated drainage control structures as required by the approved application. We believe this is in violation of : C.R.S. 34-32.5-116(4)(1) and Rule 3.1.5(3) for failure to protect areas outside the affected land from slides and other damage and C.R.S. 34-32.5-116(4)(h) and Rule 3.1.6(1) for failure to min~mi~e disturbance to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of water in surface and groundwater systems both during and after the mining operation and during reclamation. Therefore, we have reason to believe that a violation exists to Permit No. M-1978-052 and to the Law, and have scheduled this matter before the Mined Land Reclamation Hoard. A Formal Public Hearing will be held during the October 17, 2001 Board Meeting for consideration of a possible violation. The hearing will be held at the Canon Inn in Canon City near the intersection of Colorado Highway 50 and Dozier Avenue, beginning at 10:00 A.M. or as soon thereafter as the matter can be considered. At that hearing 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 [he provisions noted above. If the Board fords a violation at this heating, it may issue a Cease and Desist Order, assess a Civil Penalty in the amount of $ 100.00 [o $ 1,000.00 for each day of violation, and/or order the permit be suspended, modified, or revoked. in addition, i[ may set the [natter for forfeiture of the $622,650.00 financial warranty at a subsequent hearing. IFyou have evidence indicating that the possible violations noted above to not exist or have been corrected, please provide it to us as soon as possible or bring i[ to the hearing.