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MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 2t6 Denver, CO 80203 303 866-3567 Fa x: 303 8328106 February 12, 1992 (.~ COLORADO `,It~y ,~~~° c 1~~L ~~~ lO ~~ i pF CO/O ~1 ° „~ - '8 .,r 8 ~: . ~ !g ]6 Roy Romer. Governor Fretl R. Ban[a, Division Director Pete Klein and Richard Zanett ZMK Mine Construction, Inc. P.0. Box 1817 Ouray, CO 81427 Re: Notice of Formal Public Hearing, ZMK Mine Construction, Inc. File No. M-91-146 Dear Mssrs. Klein and Zanett: 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 all persons who mine in Colorado obtain a reclamation permit for their mining operation. You have waived your right to a 20 day notice; therefore, 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 February 26-27, 1992, 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 February 21, 1992 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 violation 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 civil penalty of not less than one than five thousand dollars per day affected. Such penalties shall be exceed sixty days. Operators who their approved permit boundary may permit. a permit shall be subject to a thousand dollars per day nor more for each day the land has been assessed for a period not to mine substantial acreage beyond be found to be operating without (3) Any operator or prospector who operates without filing a notice of intent or a permit 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 the land has been affected. Such penalties shall be assessed for not less than one day and not more than sixty days. Operators operating under a permit approved pursuant to Section 34-32-110 who affect more than two acres may be found to be operating without a permit. ~rrn-rE