ENFORCE24993

• Permit No: M1978305
• IBM Index Class Name: Enforcement
• Doc Date: 9/9/1981
• Doc Name: MINING OPERATION
• From: MLR
• To: FORMAZ & SONS INC
• Media Type: D
• Archive: No

DE PART MENT OF NATURAL RESOURCES
D. Monte Pascoe, Executive Director
September 9, 1981
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MINED LAND RECLAMATION
423 Centennial Building, 1313 Sherman Street
Denver, Colorado 60203 Tel. [phone]
David C. Shelton
Director
Formaz & Son Inc.
Route 4, Box 14A
Sdest of Gunnison
Gunnison, Colorado 81230
RE: Your mining operation located NlJ';id):?;, Section 24, 'f. 49N,R 2iJ
N.M.P.M.
Dear Mr. Formaz:
It has come to our attention that you are conducting an unpexmitted Sand
and Gravel operation located at Gunnison, Colorado.
A11 mining operators including sand and gravel operators are required to
obtain mining and reclamation permits for their mining operations in
Colorado by the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101
et seg., and specifically, 34-32-109(7), as amended.
The Mined Land Reclamation Division has placed you and your operation
on the Mined Land Reclamation Board meeting agenda Eor consideration of
possible violation of the above mentioned statute. This meeting is scheduled
for September 23rd, 1981, in Denver, Colorado (at) 9:00 A.M., State Centennial
Building, 1313 She rn~an Street, Room 110.
At the meeting the Boatd may issue a Cease and Desist Order for your operation
at the above cited location per Article 32 of 'title 34, Section 123 (1) and (2)
which states:
(1) "[Jhenever an operator or prospector fails to obtain a valid permit
or file a notice of intent under the provisions of this article,
the board may issue an immediate cease and desist order. Con-
currently with the issuance of such an order, the board may seek a
restraining order or injunction pursuant to Section 34-32-124(3).
(2) Any operator who operates without a permit or a prospector who
prospects without filing a notice of intent shall be subject to
a civil penalty of not less than one hundred dollars per day nor
more than one thousand dollars per day during which such violation
occurs; except that any operator eligible fora 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 during
which such violation occurs.'