ENFORCE33678

• Permit No: M1985082
• IBM Index Class Name: Enforcement
• Doc Date: 10/29/1985
• Doc Name: ROCK PIT FN M-85-082
• From: MLRD
• To: RALPH KNEZ & FRANK LEVKULICH
• Media Type: D
• Archive: No

Richard D. Lamm
Governor
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DEPARTMENT OF NATURAL RESOURCES
David N. Getches. Executive Director
MINED LAND RECLAMATION Dt\
DAVID C. SNELTO N, Director
October 29, 1985
Mr. Ralph Knez
Mr. Frank Levkulich
P.O. Box 446
Craig, Colorado 81626
Re: Rock Pit, File No. M--85-82
Dear Messrs Knez and Levkulich:
On September 26, 1985, the Mined Land Reclamation Board approved this Limited
Impact (110) Permit application with financial warranty set at $5,000.00. To
date, the required financial and performance warranty forms have yet to be
submitted. Therefore, the permit has yet to be issued.
As you know, the Board issued a Notice of Violation and a Cease-and-Desist
Order for mining without a permit. Furthermore, the Board assessed a
$1,900.00 civil penalty, with $900.00 payable within 30 days and with
$1,000.00 waived upon successful approval of the application. You have been
successful in obtaining approval of the application and have paid the required
$900.00 civil penalty.
However, you have not meet the mandate of the law nor the intention of the
Board's earlier action of obtaining a valid mining permit for this site.
Therefore, the Division has scheduled this matter before the Board for
consideration of continued violation of CRS 34-32-123 (mining without a
permit).
In order to abate this proposed action, it is imperative that a properly
executed financial warranty for $5,000.00 and performance warranty be
immediately submitted. Once we have properly executed forms, we can issue you
the permit and bring this site into compliance with the law (CRS 34-32-101 et
sue). -
Pursuant to CRS 34-32-123, you are hereby given notice that a hearing has been
scheduled pursuant to the "State Administrative Procedure Act" APA, Article 4
of Title 24, CRS for November 25, 1985 in Room 420 of 1313 Sherman Street,
Denver, Colorado commencing at 8:00 A.M. or as soon thereafter as this matter
can be heard. At this hearing, the Board will consider issuing a Notice of
Violation and imposing civil penalties for having amine without a permit, a
violation of CRS 34-32-123. Your attention is directed to the following
provision of the law (CRS 34-32-123(2)).
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]