1985-01-31_ENFORCEMENT - M1983052

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A Mr. Gary Miller -2- January 31 , 1985 I 5 The operator has submitted bond to disturb only 11 acres, as per an approved revision to decrease financial warranty. The present financial warranty is inadequate, in that the operator has exceeded then (10) acres for the pilot plant site and one (1 ) acre of mining. The Board set the matter for a Formal Public Hearing at the February 27-28, 1985 meeting to consider a notice of violation and cease and desist order and civil penalties. The meeting commences at 9:00 a.m., in Room 110, 1313 Sherman Street, Denver, Colorado. Please call the Monday or Tuesday before the meeting to find out the specifically scheduled day and the agenda item number of your hearing. Pursuant to C.R.S. 34-32-124, you are hereby notified that a hearing has been scheduled pursuant to the "State Administrative Procedure Act" APA, article 4 of title 24, C.R.S. The Board shall afford the operator the right to appear before the Board with counsel . Please note that as per C.R.S. 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." The Division is in the process of reviewing your permit amendment and will be contacting you in that regard. The Board is aware that an amendment was received January 27, 1985. Please contact me if you will be attending the meeting or if you have any questions or comments. Sincerely, %� e1� Philip Saletta Hydrologist/Geological Engineer PCs/fw Certified Mail : P 652 676 148 �.. Return Receipt Requested Doc. No. 7316