ENFORCE26414

• Permit No: M1978056
• IBM Index Class Name: Enforcement
• Doc Date: 7/23/1997
• Doc Name: REASON TO BELIEVE A VIOLATION EXIST FOR PERMIT M-78-056 DURHAM PIT
• From: DMG
• To: M&M READY MIX CONCRETE
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanment of Natural Resources
1313 Sherman 51., Room Z I S
Denver, Colorado 80203
Phone: [phone]:
FAX: [phone]
July 23, 1997
Mr. Mike Miller
M&M Ready Mix Concrete
P.O. Box AA
Greeley, CO 80631
RE: Reason [o Believe a Violation Exist for Permit M-78-056, Durham Pit
Dear Mr. Miller:
~.'..
~~~~~
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
envemn.
~ames5 Lochhead
E~eculire Director
Michael B. Long
Division Drteaor
On July 20, 1997, the Division of Minerals and Geology reviewed the above file and found the
following: that the required bond increase of $31,200.00 due on May 5, 1997, had not been posted
with the Division, exceeding the 60 days allowed the Operator before posting a required increase to
their financial warranty.
We believe this is in violation of: C.R.S. 34-32.5-1 l7(4)(b) for failure to maintain an adequate
financial warranty, and Rule 4.2.1(2) of the Constmction Materials Rules and Regulations.
Therefore, we have reason to believe that a violation exists to Permit Number M-78-056 and to the
Law, and have scheduled this matter before the Mined Land Reclamation Board. A Formal Public
Hearing will be held during the August 27-28, 1997, Board meeting for consideration of possible
violation. The hearing will be held in the Hotel Colorado, 526 Pine Street, Glenwood Springs,
Colorado, beginning at 9:00 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 the provisions noted above.
If the Board finds a violation at this hearing, it may issue a Cease and Desist order, assess a Civil
Penalty in the amount of $100.00 to $1,000.00 for each day of violation, or order the permit be
suspended, modified, or revoked. In addition it may set the matter for consideration of forfeiture of
the $6,000.00 financial warranty at a subsequent hearing. 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 Christina Kamnikar at [phone].
Sincerely
ICHAEL B. O
Division Direc
MBL/CLK

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