PERMFILE48505

• Permit No: M1982054
• IBM Index Class Name: Permit File
• Doc Date: 3/29/1982
• Doc Name: KIT CARSON CNTY UNPERMITTED GRAVEL OPERATIONS NOV 82-8
• From: MLRD
• To: THOMAS & THOMAS
• Media Type: D
• Archive: No

DEPARTDAE~F NATURAL RESOURCES • III III'llllllllllll
D. MonIC Pascoe, r live D~rcclOr
MINED LAND RECLAMATION DIVISION 999
DAVID C. SHE!_TON Director
Ricnartl D. Lamm
Governor
March 29, 1982
Mr. Richard D. Thomas
Attorney
Thomas & Thomas
Box 128
Burlington, Colorado 80807
i_c, i
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RE: Kit Carson County's Unpermitted Gravel Operations. NOV number 82-8
Dear Mr. Thomas: .
On March 24, 1982 the Mined Land Reclamation Board issued a Cease and Desist
order for Kit Carson County's unpermitted operations.
By reason of the County failure to comply with provisions of the Plined Land
Reclamation Act, C.R.S. 1973 ~ 34-32-101 et. seq•, namely, to cease operations
at the site until a permit is obtained, this matter will be on the Board agenda
for April 21, 1982 for consideration of the imposition of civil penalties.
Your attention is called to the following provision from G.R.S. 1973 ~
34-32-123(2):
"Any operator who operates without a permit or a prospector who
prospects without filing a notice of intent shall be subject to
a civil penalty of not less than one hundred dollars per day nor
more than one thousand dollars per day during which such violation
occurs; except that any operator eligible for a permit under section
34-32-110 shall be subject to a civil penalty of not less than fifty
dollars nor more t11an tcao hundred dollars per day during which such
violation occurs."
At the hearing which will be held in Room 110, 1313 Sherman Street, Denver,
Colorado commencing at 9:00 a.m. or as soon thereafter as the matter can be
considered, the County Commissioners will have the opportunity to appear in
person or be represented by attorney. It will be asserted that the County has
been mining without a permit in violation of C.R.S. 1973 ~ 34-32-123(1),(2)
and that a civil penalt~r shall be assessed against the County for doing so.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]