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Mr. BiII Malouff ~ -2- <br />• <br />At the meeting the Board may issue a Notice of Violation for your operation <br />at the above cited location per Article 32 of Title 34, Section 123 (1) <br />which states: <br />"Whenever an operator or prospector fails to obtain a valid <br />permit or file a notice of intent under the provisions of this <br />article, the board may issue an irmnediate cease and desist order. <br />Concurrently with the issuance of such an order, the board may <br />seek a restraining order or injunction pursuant to Section 39- <br />32-124(3). <br />c. Another operation in Section 6, Range 2 West,TOwnship 35 <br />North, N.M.P.M. known as the Job Corp Pit. The same Letters state that <br />during the Late summer and fall of 1979 a company known to them as Malouff's <br />High Valley Paving did enter, extract and process gravel at this pit. <br />This operation has also been placed on the Mined Land Reclamation Board meeting <br />agenda for consideration of possible violation of the above mentioned statute. <br />This will be at the meeting scheduled for January 27, 1982, in Room I10, 1313 <br />Sherman Street, Denver, Colorado beginning at 9:00 A.M. or as soon thereafter <br />as the matter can be considered. <br />2) Nichols Pit, Permit H79-167. Two items need clarification concerning <br />this operation. <br />a. Annual fees.-- my letter of September 24, 1981 requested the annual <br />fees due for this pit. Annual fees were not included with the permit application <br />fee for 1979. Those were application fees meant to help cover the initial costs <br />of processing an application. Annual fees are subsequently due on the anniversary <br />date of every permit, and help cover the administrative costs of monitoring and <br />reviewing a pit all the way through the reclamation phase until bond has been <br />released. <br />b. Reclamation -- to date there is no indication that seeding has begun. <br />Asa result there is concern that reclamation will not be successfully completed. <br />This matter wilt be placed on the January 27, 1982 meeting agenda for discussion <br />by the Board. <br />Please call, if you have any questions. <br />JGZ:ys <br />Enclosure <br /> <br />CERTIFIED MAIL H P03 8715263 <br />RETURN RECEIPT REQUESTED <br />Minerals Supervisor <br />