ENFORCE30669

• Permit No: M1980149
• IBM Index Class Name: Enforcement
• Doc Date: 7/2/1980
• Doc Name: MLRB HEARING CONCERNING THE POSSIBLE ASSESSMENT OF CIVIL PENALTIES REGARDING WELD CNTYS SAND &GRAVEL
• From: MLR
• To: WELD CNTY COURTHOUSE
• Media Type: D
• Archive: No

s
July 2, 1980
CERTIFIED MAIL
Mr. Thomas David, Esq.
County Attorney
Weld County Courthouse
Greeley, Colorado 80631
Hamlet J. Barry, III,
D irector
Re: Mined Land Reclamation Board Rearing Concerning the Possible Assessment
of Civil Penalties Regarding Weld County's Sand and Gravel Operation
Located Approximately One Mile East of Interstate 25 and Along and
South of St. Vrain Creek, or: SE 1/4, SW 1/4, and SW I/4, SE 1/4
Section 35, T3N, R68W and N 1/2, NE 1/4, Sec. 2, TIN, R68W, We1Q County
Dear Mr. David:
On June 10, 1980, the Mined Land Reclamation Board found weld County in
violation of mining without a permit and in violation of operating against
a cease and desist order, and that a hearing be set for determination of
Civil Penalties at the July 23,24th, 1980 Board meeting, and that the Board
direct the Attorney General to immediately initiate injunction proceedings
against weld County to stop all mining in this gravel pit and on all other
mining operations under their direction.
This matter will be on the agenda for the July 23rd Nearing of the Board,
which will commence at 9:00 A.M., and will be held in Room 110, Centennial
Building, 1313 Sherman Street, Denver, Colorado. At that time, the Board
will consider the imposition of Civil Penalties against you for violations.
Your attention is called to the following provision from CRS 1973, 34-32-123:
"Operating Without a Permit - Penalty.
(2) Any operator who operates without a permit.--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."
The legal authority and jurisdiction pursuant to which the July 23rd Nearing
is to be held are Colo. Rev. Star. § 34-32-101 et- seq- and Colo. Rev. Star.
§. 29-4-105. At the hearing, the subject of your operating without a permit
(cont'd)
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999
DEPARTMENT OF NATURAL RESOURCES
H arras D. 9rerman. Executive Du ector
b11Nr;D LAND R~l;LA1V1A'TION
723 Centennial Building, 1313 Sherman Street
Denver, Colorado 80203 Tel. [phone]