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<br />August 4., 1981 <br />Andesite Rock Company <br />P. 0. Box 625 <br />Lyons, Colorado 80540 <br />DEPARTMENT OF NA ORAL RESOURCE III IIIIIIIIIIIII III <br />D. Monte Pascoe, Executive Director 899 <br />MINED LAND RECLAMATION <br />423 Centennial Building, 1313 Sherman Street <br />Denver, Colorado 60203 Tel. (303) 866-3567 <br />RE: Your mining operation <br />T3N,R71W of the 6th P <br />Our File 1/77-141 <br />Lyons Quarry <br />Dear Sirs: <br />David C. Shelton <br />Director <br />located E}Ei, Section 26, W}W~, Section 25, <br />M, <br />It has come to our attention that you are conducting an unpermitted Quartz <br />Monzonite operation located in Lyons, Colorado. <br />All mining operators including sand and gravel operators are requested to <br />obtain mining and reclamation permits for their mining operations in <br />Colorado by the Colorado Mined Land Reclamation Act, C.R.S. 1973> 34- <br />32-101 et seq., and specifically, 34-32-109(7), as amended. <br />The Mined Land Reclamation Division has placed you and your operation <br />on the Mined Land Reclamation Board meeting agenda for the day of August <br />26, 1981 for possible violation of the above mentioned statute. <br />At [he meeting the Board may issue a Cease and Desist Order for your <br />opertation at the above cited location per Article 32 of Title 34, Section <br />123(1) which states: <br />(1) "Whenever an operator or prospector fails to obtain a valid <br />permit or file a notice of intent under the provision of this <br />article, the board may issue an immediate cease and desist order. <br />Concurrently with the issuance of such an order, the board may <br />seek a restraining order of injunction pursuant to Section 34- <br />32-tz4(3) <br />This matter will also be on the Board agenda for [he day August 26, 19$1 <br />for possible imposition of civl penalties against y u. Your attention is <br />called to the following provision from G.R.S. 1973 y 34-32-123(2): <br />"Any operator who operates without a permit or a prospector who <br />prospects without filing a notice of intent shall be subject to <br />a civil penalty of not less than one hundred dollars per day nor <br />more than one thousand dollars per day during which such violation <br />occurs; except that any operator eligible for a permit under <br />section 34-32-110 shall be subject to a civil penalty of not less <br />than fifty dollars nor more than two hundred dollars per day during <br />which such violation occurs." <br />