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Mr. Tim Smith -2- March 17, 1983 <br /> <br />The facts constituting the alleged violations are: <br />A. The temporary waste rock handling area is larger than the 1.14 <br />acres outlined in the permit. <br />B. The temporary waste rock handling area is in the wrong location as <br />outlined in the permit and is spilling into Ralston Creek. <br />C. The cutoff for the uranium content of rock to be placed in the <br />waste pile is .07 percent, rather than the 0.015 percent which is <br />permitted. <br />D. A 1/2 acre unpermitted gravel pit was opened adjacent to Ralston <br />Creek with no topsoil salvage. <br />Therefore, pursuant to C.R.S. 1973, 34-32-124(1), 124(5), and 124(7), you <br />are hereby notified that a hearing has been scheduled pursuant to ttie <br />State Administrative Procedure Act ("APA"), Article 4 of Title 24, (:.R.S. <br />1973, on April 27, 1983 in Room 110 of 1313 Sherman Street, Denver, <br />Colorado commencing at 9:OU a.m., or as soon thereafter as the mattE~r can <br />be heard. The hearing is open to the public and shall be conducted in <br />accordance with the APA. <br />At the hearing, the Board will consider the alleged violations and <br />corrective actions to modify the permit and may also consider levying <br />civil penalties against Cotter Corporation if a violation is found, <br />pursuant to the authority granted pursuant to C.R.S. 1973, 34-32-121(7), <br />which states: <br />"Any person who violates any provision of any permit issued under <br />this article shall be subject to a civil penalty of not less i.han <br />one hundred dollars per day nor more than one thousand dollar; per <br />day for each day during which such violation occurs; except ghat <br />any operator who operates under a permit issued under section <br />`;' 34-13-110 shall be subject to a civil penalty of not less than <br />s~.t`~ fifty dollars nor more than two hundred dollars per day for e~rch <br />~~ day during which such violation occurs." <br />.`, <br />~;~ - The Board shall permit all parties to respond to the notice served, to <br />~,. <br />„ .. present evidence and arguments on all issues, and to conduct <br />cross-examination required for a full disclosure of the facts. I suggest <br />a that a representative of your company be present at this meeting. I~lease <br />feel free to call our Division if you have any questions in this mai:ter. <br />Sincerely, <br />._ ._ <br />~' ~4G~ <br />James B. McArdle <br />Senior Reclamation Specialist <br />JBM/mmt <br />HAND-DELIVERED <br />Uoc. No. 1652 <br />