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Letter to Bill Peterson <br />February l3, 2006 <br />Page 2 <br />In the original 1978 permit application documents, the operator at that time applied fora 9.9-acre <br />permit azea. For reasons not clear, the original acreage request was subsequently lowered, and the <br />pemtit issued is for 6.663 acres, even though a county permit was issued appazently for more than <br />10 acres. Despite this change to the original permit application, the Division coded 9.9 acres into <br />the Division's permit system, and the permit has been treated as a 9.9 acre permit through several <br />inspections, even though most of the annual reports indicate it is a 6.663 acre permit. The operation <br />has changed hands as recently as July 7, 2000. <br />Annual reports submitted since at least 2002 demonstrate that part of the operation was conducted <br />outside the permit boundary. The Division erred in several inspection reports since at least 2000 by <br />assuming that the permit covered 9.9 acres. <br />Based on the Permittee's self-reporting, a site inspection, and a thorough review of the Permit <br />records, the Division has reason to believe that mining has been conducted outside the permit <br />boundary, in violation of C.R.S. 34-32.5-116(4)(1) which states: <br />Areas outside of the affected land shall be protected from slides or dama a occurring <br />during the mining operation and reclamation. (Emphasis added} <br />C.R.S 34-32.5-124(7) states: <br />A person who violates any provision of a permit issued under this article shall be <br />subject to a civil penalty of not less than one hundred dollars per day nor more <br />than one thousand dollars per day for each day during which such violation <br />occurs. <br />CRS 34-32.5-123(2) states: <br />An operator who operates without a permit shall be subject to a civil penalty of <br />not less than one thousand dollars per day nor more than five thousand dollars per <br />day for each day the land has been affected, not to exceed three hundred sixty-five <br />days. An operator who mines substantial acreage beyond the approved permit <br />boundary maybe found to be operating without a permit. <br />Based on the aforementioned, the Division has reason to believe that a violation exists to Permit <br />Number M-1978-208 and to the Law, and have scheduled this matter to appear before the Mined <br />Land Reclamation Boazd. <br />A Formal Public Hearing will be held during the FebruaryI Ss' and 16s', 2005 Boazd Meeting for <br />consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginning at 10:00 a.m. on February I5`~ or as soon thereafter as the <br />matter can be considered. At that hearing you will have the opportunity to be represented and <br />heazd. It will be reiterated that there is reason to believe that you aze in violation of the provisions <br />noted above. <br />