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~ STAT~OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman SI., Room 215 Denver. CO 80203 303 866-3567 FA X: 303 832-8106 pF Cp~ ti`~'~> Ne j ~~8r`• ~ 1a76 ~ Roy Romer. Governor Fretl R. Banta. Division Director August 28, 1991 Mr. Thomas Watson Western Earth Movers P.0. Box 1022 Montrose, CO 81401 Re: Notice of Formal Public Hearing, Thomas Watson, Watson Pit, File No. M-91-097 Dear Mr. Watson: It has come to our attention that you may be conducting an unpermitted mining operation at the above-described location. The Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sec., and specifically, 34-32-109(7), as amended, requires ali persons who mine in Colorado obtain a reclamation permit for their mining operation. The Mined Land Reclamation Division has placed you and your operation on the Mined Land Reclamation Board meeting agenda for consideration of possible violation of the above mentioned statute. This meeting is scheduled for September 18-19, 1991, in Room 318 of 1313 Sherman Street, Denver, Colorado, commencing at 9:00 a.m. each day. Your matter will be heard during a Formal Public Hearing as soon after commencement as possible. Please call this office on Monday, September 16, 1991 for a more specific day and time. During the Formal Public Hearing, the Board may issue or confirm a Cease and Desist Order, consider possible civil penalties and corrective actions (if a violaticn is found.) Civil penalties are levied pursuant to Article 32 of Title 34, Section 123(2) and Section 123(3), which state: (2) Any operator who operates without a permit shall be subject to a civil penalty of not less than one thousand dollars per day nor more than five thousand dollars per day for each day the land has been affected. Such penalties shall be assessed for a period not to exceed sixty days. Operators who mine substantial acreage beyond their approved permit boundary may be found to be operating without a permit.