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~ Mr. Chuck Webster • September 2, 1981 page -2- The Mined Land Reclamation Division has placed you and your operation located in the NEB of Section 20, Township 8 South, Range 80 West of [he 6th P. M. on the September 23-24, 1961 Mined Land Reclamation Board meeting agenda for possible violation of [he above mentioned statute. During this meeting, the Board may also consider a Cease and Desist Order on this operation per Article 32 of Title 34, Section 123(1) which states: (I) "Whenever an operator or prospector fails to obtain a valid permit or file a notice of intent under the provisions of this article, [he board may issue an immediate cease and desist order. Concurrently with the issuance of such an order, the board may seek a restraining order or injunction pursuant to Section 34-32-124(3)." 1 Both of llic sand and gravel operations mentioned in [his letter will also be on this Board ayenda for possible imposition of civil penalties against you. Your attention is called to the following provision from C.R.S. 1973 § 34-32-123(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..." At [hat hearing, which will be held in Room 110 of the Centennial Bldg., 1313 Sherman, Denver, Colorado, beginning at 9:00 a.m. or as soon there- after as it may be heard, you will have the opportunity to appear in person and/or be represented by your attorney. I't will be asserted that Webster Sand and Gravel has been mining without permits in violation of C.R.S. 1973 § 34-32-109(7), and that civil penalties should be assessed against Webster Sand and Gravel. Submission of permit applications and supporting materials for both of the above mentioned operations as soon as possible is strongly advised. Regular impact (112) permit application forms are enclosed. To receive a copy of our Rules and Regulations (if you do not already have one), please send a check or money order payable to the Colorado Mined Land Reclamation Board in [he amount of two dollars with a request for these Rules and Regulations, and a copy will be sent [o you. If you have any questions concerning these applications, please call and our Division will be glad [o assist you. If you have any further questions in [his matter, please call. ~incerely, vlr~~• Mark S. Loye Reclamation Specialist Enclosures CERTIFIED MAIL No. P03 8825343 (Return receipt requested.)