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~ Ill illllliiillil ill ~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031866-3567 <br />FAx: 1303) 832-8106 <br />July 18, 2001 <br />Mr. John Hickman <br />Western Mobile Concrete, Inc. <br />1590 W. l2" Avenue <br />FOR YOUR CORRESPONDENCE fILE <br />Denver, CO 80204 <br />RE: Reason to Believe a Violation Exists, Howe Pit, Permit No. M-1978-052. <br />Deaz Mr. Hickman: <br />On July 7, 2001, the Division of Minerals and Geology conducted an inspection of your operation and found the <br />following: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SA FETY <br />gill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Michael B. Long <br />Division Director <br />The Bull Seep had been relocated within 60 feet of the South Platte River, contrary to what is required by Permit No. <br />M-1978-052 for the Howe Pit. <br />We believe this is in violation of: C.R.S. 34-32.5-116(!) and the permit for failure to perform the reclamation prescribed <br />by the reclamation plan. <br />Therefore, we have reason to believe that a violation exists to Permit Number M-1978-052 and to the Law, and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the August 22-23, 2001 Board meeting for consideration of possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning a[ 9:00 a.m. or <br />as soon [hereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that you are in violation of the provisions noted above. <br />If the Board finds a violation at this hearing, i[ may issue a Cease and Desist Order, assess a Civil Penalty in the <br />amount of $100.00 to $1,000.00 for each day of violation, and/or order the permit be suspended, modified, or revoked. <br />In addition, it may set the matter for forfeiture of the $622,650.00 financial warranty at a subsequent hearing. If you <br />have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it <br />to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Tom Schreiner or Carl B. Mount. <br />Sincerely, <br />MICHAEL B. LONG ~ /H jj ~ <br />Division Director <br />CERTIFIED MAIL NO. hCOD IG7O IA.(lV QdCXJ ~r~~ <br />Return Receipt Requested <br />C'\MY DOCnMENrSFORMS\RT8-HOW EPIT.DDC <br />