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DEPARTMENT OF NATURAL RESOURCES David H. Getche0. Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Dlroctor Richard D. Lemm Governor August 31, 1984 Mr. Leroy Belt So. Way Co. 117 White Pine Drive Alamosa, Colorado 81101 Re: Stage Stop Pit - File no. M-84-025 Payment of civil penalty for violation Dear Mr. Belt: Enclosed please find a receipt for your check in the amount of $2, partial payment of the civil penalty levied by the Mined Land Recl Board for the violation of mining without a permit. This violatio by the Board on June 27, 1984, and the civil penalty was levied on in the total amount of $3,300.00 for 33 days of violation at a pen of $100.00 per day of violation. The 33 days cited were based on presented to the Board and were from May 19, 1984 through June 21, inclusive. The entire amount of the civil penalty was due (as ord Board) by no later than August 24, 1984 (30 days after the Board a the penalty). III IIIIIIIIIIIIIIII 00.00 in mation was found July 25, 1984 ]ty level he evidence 1984, red by the tion on The remaining $700.00 of the civil penalty must be paid immediate) since ,as of today, it is already overdue by 7 days. The late payment of th $2,600.00 and the underpayment of the civil penalty by $700.00 are both tech ically violations to a Board order and, themselves, potentially subject S .Way Co. to further civil penalties. I realize that you may feel that the number of days of violation excess of your actual days of violation. However, this evidence presented at the hearing at which the amount of the civil penalty You may ask the Board to reconsider the amount of the penalty at hearing. However, until the Board actually reduces the amount of the full amount must be paid. In order to avoid subjecting So. Way Co. to the possibility of fur forcement action on this matter, I suggest that you remit the rema of the civil penalty to the Division immediately. If you wish to the Board to lower the penalty at a later time, you may do so. If is lowered by the Board, the difference would refunded to you. P1 that the Board did not assess the full civil penalty of $200.00 pe violation during the civil penalty hearing. I will expect to hear from you in the very near future. nd was in not s set. penalty, her en- ning $700.00 etition the penalty ase note day of 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tell (30:x) 866-3567