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Mr. Wayman Bryan <br />December 15, 98(~ <br />Page -2- <br />Typically, when the reclamation specialist and an operator have reached <br />agreement on the details of a permit, the application can be presented <br />in written form. However, in this case there will be outstanding <br />issues to be discussed, and the Board must consider the lifting of the <br />Cease and Desist Order if the permit is granted. The Board must also <br />consider the possibility of the imposition of civil penalties. Unless <br />an operator waives his right to a public hearing, the Board must hold <br />such a hearing in order to impose such penalties. Therefore, the <br />Board can decide either to impose no civil penalties or to schedule the <br />consideration of these penalties on next month's meeting. I have <br />evidence of one day of mining; therefore, the maximum civil penalty <br />would be $200.00. If you wish to waive the right to a public hearing, <br />you may inform the Board and they may consider the possible penalty <br />during this month's meeting. In any case, I will present the applica- <br />tion orally in front of the Board. <br />The meeting will be in Room 110, Centennial Bldg., 1313 Sherman, in <br />Denver. Your operation has been scheduled for Board consideration on <br />Thursday, December 18. In my judgment, this item will come up before <br />the Board at about 9:30 a.m. I assume that either you or your repre- <br />sentative will want to be present at this time. <br />If I may clarify any of the matters discussed in this letter, please <br />do not hesitate to call me. <br />Sincerely, <br />Mark S. Loye <br />Reclamation Specialist <br />cc: Mr. Donald A. Rapp <br />