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~~ <br />5'rI~TE OF COLD RA00 HiO innpp ~n~nM Guv~~•~~n~ III III III III IIII III <br />DEPARTMENT OF NATURAL RESOURCES <br />D. Monte Pascoe. Executive Dvector ggg <br />MINED LAND RECLAMATION <br />423 Centennial Building, 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 666-3567 <br />David C. Shelton <br />Director <br />October 2, 1981 <br />Mr. Chuck Webster <br />Webster Sand and Gravel <br />400 E 4th Street <br />Leadville, Colorado 80461 <br /> <br />RE: Webster Sand and Gravel Unpermitted Operations in Lake County <br />NOTICE OF FORMAL PUBLIC HEARING <br />Dear Mr. Webster: <br />On January 28, 1981, the Mined Land Reclamation Board moved to issue a <br />Notice of Violation for mining without a permit and a Cease and Desist <br />Order for your sand 8nd gravel operation located in approximately the SW'a <br />of the NE1 and the NW'a of the SE'a of Section 16, Township 9 South Range <br />80 West of the 6th P. M., in Lake County. This order was sent on Feb. 23, <br />1981. The Cease and Desist Order permitted removal from existing stockpiles. <br />This condition of the Order was not changed during the Sept. 23, 1981 Board <br />meeting. During this meeting, however, the Mined Land Reclamation moved to <br />levy a $10,000.00 civil penalty against Webster Sand and Gravel for mining <br />without a permit. $5,000.00 of the total civil is to be suspended upon <br />issuance of a mining and reclamation permit to Webster Sand and Gravel for <br />the above referenced operation within 180 days of the Sept. 23, 1981 Board <br />meeting date. The remaining $5,000.00 is payable to "State of Colorado" within <br />30 days of said Board meeting date. <br />Enclosed please find the Notice of Violation and Cease and Desist Order for <br />your sand and gravel operation located in Section 20, Township 9 South, Range <br />80 West of the 6th P. M., in Lake County. The Afi ned Land Reclama ti onrBoa rd <br />moved to issue this order on September 23, 1981 and deferred consideration of <br />civil penalties until October 28, 1981 (see below). Please read this enclosed <br />document thoroughly to fully apprise yourself of its conditions. The specific <br />conditions of the Cease and Desist Order are found on the second page of the <br />order. <br />All mining operators including sand and yravel operators are required to obtain <br />mining and reclamation permits for their mining operations in Colorado by the <br />Mined Land Reclamation Act, C.R.S. 1973, 39-32-101 et sue., and specifically, <br />34-32-109(7), as amended. <br />The Mined Land Reclamation Division has placed you and your operation located <br />in Section 20, Township 9 South, Range 80 West of the 6th P. M. on the October <br />28, 1981 Mined Land Reclamation Board meeting for possible imposition of civil <br />penalties against Webster Sand and Cravel. Your attention is called to the <br />following provision from C.R.S. 1973 § 34-32-123(2): <br />