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• iii iiiiii-inii~ati <br />DEPARTMENT OF NATURAL RESOURCES <br />Davla H. Getchea Executive Director <br />• <br />MINED LAND RECLAMATION DIVISION <br />DAVIDC.SHELTON, Dlrsctor <br />Richar0 D. Lamm <br />Governor <br />June 12, 1984 <br />Mr. Donald F. Schmalz <br />Schmalz Construction, Ltd. <br />719 South Blvd. <br />Gunnison, Colorado 81230 <br />RE: Schmalz Construction Pit - Sec. 34, T50N, R1W; File No. M-84-069 <br />Possible Violation for Mining Without a Permit <br />Dear Mr. Belt: <br />It has come to our attention that you are conducting an unpermitted mining <br />operation at the proposed Schmalz Construction Pit location (as confirmed by <br />Brad Janes' inspection of June 7, 1984). Evidence submitted to our Division <br />indicates that mining had begun as of May 25, 1984 or earlier. <br />All mining operators are required to obtain mining and reclamation permits for <br />their mining operations in Colorado by the Colorado Mined Land Reclamation <br />Act, C.R.S. 1973, 34-32-101 et seq., and specifically, 34-32-109(7), as <br />amended. <br />The Mined Land Reclamation Division has placed you and your operation on the <br />Mined Land Reclamation Board meeting agenda for consideration of possible <br />violation of the above mentioned statute. This meeting is scheduled for June <br />27-28, 1984, in Room 110 of 1313 Sherman St., Denver, Colorado, commencing at <br />9:00 a.m. each day. Your matter will be heard as soon after commencement as <br />possible. Please call this office on June 25, 1984 for amore specific day <br />and time. <br />At the meeting the Board may issue a Cease and Desist Order for your operation <br />at the above cited location per Article 32 of Title 34, Section 123 (1) which <br />states: <br />(1) "Whenever an operator or prospector fails to obtain a valid permit or <br />file a notice of intent under the provisions of this article, the board <br />may issue an immediate cease and desist order. Concurrently with the <br />issuance of such an order, the board may seek a restraining order or <br />injunction pursuant to Section 34-32-124(3)." <br />At a formal public hearing, to be held during a later Board meeting, the Board <br />may consider possible civil penalties (if a violation is found). Civil <br />penalties are levied pursuant to Article 32 of Title 34, Section 123 (2) which <br />states: <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tet. (30:x) 8663567 <br />