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• • iii iiiiiiiiniiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80?03 <br />Phone: (3031 866-3567 <br />fAX: (303) 832-BIOb <br />April 18, 1996 <br />Mr. John Sliman <br />Southwest Ready Mix, Inc. <br />37400 Highway 96 East <br />Pueblo, CO 81006 <br />RE: Rich Pit (Permit No. M~5-218), Reason to Believe a Violation Exists <br />Dear Mr. Sliman: <br />I~~~~ <br />DEPARTMEtJT OF <br />NATURAL <br />RESOURCES <br />Roy Romel <br />Govemrn <br />lames 5 LIw hhead <br />Execwi~r I71nY ou <br />Micharl N Lung <br />~I Vltll~ll 1)IIIY Ins <br />On April 11, 1996 we conducted an inspection of your mine and found evidence that <br />disturbance associated with your mining operation, i.e. some product stockpiles and a new <br />haul road, existed outside of the approved permit area boundaries. <br />We believe this is in violation of either Section 34-32.5-109 or of Section 34-32.5-1 16(4)(i) <br />of the Colorado Land Reclamation Act for the Extraction of Construction Materials <br />34-32.5-101 et. seg. C.R.S. 1984 as amended <br />Therefore, we have found reason to believe a violation exists to Permit M-85-218 and the <br />Law and have scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the June 26-27, 1996 Board meeting for <br />consideration of possible violation. The hearing will be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginning at 9:00 a. m. or as soon thereafter as the matter can be <br />considered and you will have the opportunity to be represented and heard. It will be <br />reiterated that there is reason to believe that you are in violation of the provisions noted <br />above. <br />If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a <br />civil penalty in the amount of $100.00 to $5,000.00 for each day of violation or order the <br />permit be suspended, modified or revoked. In addition it may set the matter for <br />consideration of forfeiture of the $51,542.00 financial warranty at a subsequent hearing. <br />If you have evidence indicating that the possible violations noted above do not exist or have <br />been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />