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STATE OF COLpRnf)O uq riam' I~.r. r,^v"'^•° DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe, Executive Director MLNED LAND RE(:LAMATION 423 Centennial Budding. 7373 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 David C. Shelton Director August 3, 1982 Mr. Ray Bingham Ray Bingham Construction 3852 Colbuzn Lane Route 2, Box 1061 Paonia, Colorado 81428 RE: Your Mininy Located Approximately 1 Mile Southwest of Paonia NOV No.M82-17 Dear Mr. Bingham: Action by the Mined Land Reclamation Board at their July 21-22, 1982 meeting resulted in their issuing the enclosed Cease and Desist order applying to your operation.. The Cease and Desist Order requires an immediate cessation of mining and crushiny, and allows you to continue only those activities strictly related to flood control. This matter will also be on the Board agenda for the day of August 25, 1982 for possible imposition of civil penalties against you. Your attention is called to the following provision from C.R.S. 1973 ~ 34-32-123(2): "Any operator who operates without a permit or prospector who prospects without filing a notice of intent 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; except that any operator eligible for a permit under Section 34-32-110 shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day during which such violation occurs." At the hearing, which will be held in Room 110, 1313 Sherman Street, Denver, Colorado beginning at 9:00 a.m, or as soon thereafter as the matter can be considered, you will have the opportunity to appear in person and/or be represented by your attorney. It will be asserted that you have been mining without a permit in violation of C.R.S. 1973 ~ 34-32-123(1), (2) and that a civil penalty should be assessed against you.