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• ~~ STAT~OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 7313 Sherman St.. Room 215 Denver, CO 80203 303 8663567 FAx. 303 6328106 December 20, 1991 Demetrio and Olive Valdez P.O. Box 184 Conejos, CO 81129 Re: Notice of Formal Public Hearing, A & S Construction Co., Demetrio and Olive Valdez; File No. M-91-133 Dear Mr. and Ms. Valdez: Roy Romer. Governor Fretl R. Barra. Orvision Director It has come to our attention that an unpermitted mining operation may have occurred on your property on the west side of the Rio San Antonio, about one mile south of Antonito. The Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et se ., 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 January 22-23, 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 Monday, January 20, 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 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. 111 IIIIIIIIIIIIIIII OF ~yCO~Q tip. N7 999 c -.;`.YRFkK, O „%- o .r 8y:~. . r8 6 .