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<br /> <br />c~ <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches, Execulrve Director <br />MINED LAND RECLAMATION DIVIS{ON <br />DAVID C. SHELTON, Director <br />c~ <br /> <br />Richartl D. Lamm <br />Governor <br />December 20, 1983 <br />Nlr. Jeff D. Smythe <br />Colorado Marketing Associates, Inc. <br />5660 S. Syracuse Circle <br />Suite 406 <br />Englewood, Colorado 80111 <br />RE: Douglas County Sand and Gravel No. 1 <br />File No. 83-89 <br />Dear tor. Smythe: <br />Action by the Colorado Mined Land Reclamation Board at their December 14, 1983 <br />meeting resulted in their issuing the enclosed Cease and Desist Order applying <br />to the operation described above. <br />The Cease and Desist t)rder requires an immediate cessation of mining at the <br />above described site. The Cease and Desist Order will automatically lift upon <br />receipt and approval of the two remaining parts of the warranty package for <br />this operation. These two parts are the Performance Warranty and the <br />Irrevocable Letter of Credit for $5,000.00 from the Bank of Applewood. The <br />forms for use in this matter were sent to you by Mike Stanton on December 2, <br />1983. Completion of the warranty package will also result in issuance of your <br />permit for this operation. <br />The Board indicated that the warranties should be received and the permit <br />issued for this operation before the next Board meeting (scheduled for January <br />25-26, 1984) to avoid passible further action by the Board. This further <br />action could include consideration of civil penalties against you. You would, <br />of course, be given proper notice before the Board considers such actions. <br />Your attention is called to the following provision from C.R.S. 1973, <br />§ 34-32-123(2): <br />Any operator who operates without a permit or a prospector who prospects <br />without filing a notice of intent shall be subject to a civil penalty of <br />not less than one hundred dollars per day nor more than one thousand <br />dollars per day during which such violation occurs; except that any <br />operator eligible for a permit under Section 34-32-110 shall oe subject <br />to a civil penalty of not less than fifty dollars nor more than two <br />hundred dollars per day during which such violation occurs." <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />