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III fll~fll~ll-~nnnn ntn DEPARTMENT OF NATURAL nc~:,9~..__ ...~ David H. Getches. Executive Director ~~f~C~D ~Qf~D G°~C~C~~~Q~DO~I Do~d~~~Of~ DAVID C. SMELTOfd, Director Richard D. Lamm Governor December 28, 1984 Mr. Albert R. Frei Albert Frei & Sons, Inc. 11521 Brighton Blvd. Henderson, CO 80640 Re: Walstrum Mine, Permit # 83-33 Dear Mr. Frei: As you are aware, the Mined Land Reclamation Board issued a Cease and Desist Order and Notice of Violation for those lands affected outside of the permit area at their October 24, 1984, meeting. At this same board meeting, it was decided to consider civil penalties for this operation at the same time the amendment is considered. As specified in an earlier correspondence, the amendment is scheduled for Board consideration at their January, 1985, meeting. Pursuant to CRS 32-34-124, you are hereby notified that a hearing has been scheduled pursuant to the "State Administrative Procedure Act" Article 4, of Title 24, CRS, for January 23, 1985, in room 110 of 1313 Sherman Street, Denver, Colorado, commencing at 9:00 a.m. or as soon thereafter as the matter can be considered. At this hearing, the Board will consider civil penalty for this operation. Please note that as per CRS 34-32-124(7): "Any person who violates any provision of any permit issued under this article shall be subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day during which such violation occurs; except that any operator who operates under a permit issued under section 34-32-110 shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day for each day during which such violation occurs." 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567