ENFORCE33778

• Permit No: M1978305
• IBM Index Class Name: Enforcement
• Doc Date: 12/19/1983
• Doc Name: FN M-78-305 UNPERMITTED MINING OPERATION
• From: MLRD
• To: FORMAZ & SON INC
• Media Type: D
• Archive: No

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Richard D. Lamm
Governor
DEPARTMENT OF NATURAL RESOURCES
David H. Getches, Executive Director
MINED LAND RECLAMATION DI1
DAVID C. SHELTON, Director
December 19, 1983
Mr. Richard L. Formaz
Formaz and Son, Inc.
P.0. Box 13
Gunnison, Colorado 81250
RE: Our File No. 78-305; Your Unpermitted Mining Operation in the
NW 1/4 NE 1/4, Section 24, T49N, R2W, N.M.P.M., Gunnison County
Dear Mr. Formaz:
Action by the Colorado Mined Land Reclamation Board at their December 14, 1983
meeting resulted in their issuing the enclosed Cease and Desist Order applying
to the operation described above. This order also reaffirms past Board
actions ordering that your operation be ceased until it is permitted.
The Cease and Desist Order requires an immediate cessation of mining at the
above described site. This matter will also be on the Board Agenda for the
day of January 25, 1984 for possible imposition of civil penalties. Attention
is called to the following provision from C.R.S. 1973 § 34-32-123(2):
Any operator who operates without a permit or a 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 snore than two
hundred dollars per day during which such violation occurs."
At the hearing, which will be held in Room 11U of 1313 Sherman Street, Denver,
Colorado beginning at 9:00 a. m. or as soon thereafter as the matter can De
considered, you will have the opportunity to be represented by an attorney or
other representative. It will be reiterated that you have Deen mining without
a permit in violation of C.R.S. 1973 § 34-32-123(1) and (2) and that a civil
penalty should be assessed.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]