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~ STAT~F COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman SI., Room 215 Denver, CO 60203 303 6663567 rA x. 3O3 632-6106 pF'COr 4 _' O.p' R ~. .~ ~~ 7 . ~/8 6`• Roy Romer, Govemar Micnael 6. Long, Division Director May 'I1, 1992 Mr. .lack Gilleland C&J Gravel Products 27661 U.S. Highway 160 Durango, CO 81301 Re: Notice of Formal Public Hearing, C&J Gravel Products, SE 1/4, Section 16, T32N, R7W, 10th P.M. Dear Mr. Gilleland: 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 seg., and specifically, 34-32-109(7), as amended, requires all 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 May 27-28, 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 May 22, 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 Titles 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. (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.