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<br /> <br />DEPARTMENT OF NATURAL RESOURCES III III III IIIIIII III <br />David H. Getches, Executive Director ggg ' <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />Richard D. Lamm <br />Governor <br />March 6, 1985 <br />Mr. Jim Helmericks <br />Glacier Gravel Products <br />400 East 32nd <br />Durango, Colorado 81301 <br />Re: J & J Pit - File No. M-85-001 <br />Dear Mr. Helmericks: <br />I am writing this letter to you to inform you of the Board consi <br />both the 110 permit application for the J & J Pit and the formal <br />hearing to consider possible civil penalties for the violation f <br />January 23, 1985 of mining without a permit on the same site. I <br />the Board's actions on these matters, but it will become evident <br />are linked in terms of their resolution. <br />First of all, the Board considered civil penalties during the for <br />hearing of February 27, 1985. At that time, I had not yet receiv <br />letter informing the Board that you wished to 6e present at the h <br />could not because of a previous call to jury duty. Thus, the Boa <br />with the hearing. The penalty range considered was from $50.00 t <br />day of violation, as mandated by the Mined Land Reclamation Act f <br />unpermitted operation of under 10 acres of extent and under 70,00 <br />year excavated. The penalty level was set at $100.00 per day of <br />(the Board noting that the $200.00 maximum level was inappropriat <br />slight environmental damage) for 42 days of violation (from Decem <br />the date of our staff inspection of the site, until January 23, 1 <br />of Board issuance of a Cease and Desist Order on your operation). <br />a total civil penalty of $4,200.00 to be paid within 30 days of t <br />27, 1985 Board action in this matter. <br />Given the fact that you wished to be present but were unable to at <br />civil penalty hearing, I mentioned to the Board on February 28, 19 <br />would inform you that you may request reconsideration of your civi <br />a public hearing format during the upcoming March 27-28, 1985 meet <br />wish the Board to reconsider the penalty, please let me know and I <br />schedule this matter for the March meeting. The fact that the Boa <br />reconsiders your penalty does not guarantee that they will reduce <br />would merely give you a chance to testify on your own behalf to th <br />encourage them to modify the level of your penalty. <br />.. .. ~~~~ ~~ ~~ . A 1. 1 J If ~I.~/. T <br />ation of <br />blic <br />d on <br />11 separate <br />at the two <br />1 public <br />your <br />ring but <br />proceeded <br />$200.00 per <br />an <br />tons per <br />olation <br />due to the <br />r 12, 1984, <br />5, the date <br />This gives <br />February <br />end the <br />.5 that I <br />penalty in <br />ng. If you <br />will <br />t. This <br />Board and <br /> <br />