ENFORCE34654

• Permit No: M1985082
• IBM Index Class Name: Enforcement
• Doc Date: 5/24/1985
• Doc Name: ROCK PIT 2 MILES SOUTH OF CRAIG & SOUTH OF CRAIG GOLF COURSE
• From: MLRD
• To: FRANK LEVKULICH
• Media Type: D
• Archive: No

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DEPARTMENT OF NATURAL RESOURCES
David H. Getches, Executive Director
MINED LAND RECLAMATION DIVISION
DAVID C. SHE LTO N, Director
Richard D. Lamm
Governor
May 24, 1985
Mr. Frank Levkulich
395 School Street
Craig, Colorado 81625
Re: Rock Pit - 2 miles South of Craig and South of Craig Golf Course
Dear Mr. Levkulich:
Action by the Colorado Mined Land Reclamation Board ("Board") at their
May 22-23, 1985 meeting resulted in their issuing the enclosed Notice of
Violation and Cease and Desist Order for mining activities without a permit.
The Board issued Cease and Desist Order prohibits any removal from the
stockpiles and prohibits any mining at this site. These activities are
prohibited until a permit application is approved for this site and a permit
issued.
Pursuant to C.R.S. 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, C.R.S. for June 25-26, 1985 at the Paonia High School
(1151 Highway 187) in the Commons Room or in the Auditorium in Paonia,
Colorado. Please contact this office on June 24, 1985 in the afternoon to
determine which day and the approximate time this matter will be considered.
At this hearing, the Board will consider imposing civil penalties for mining
without a permit. Your attention is called to the following provision from
C.R.S. 34-32-123(2).
"(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 more
than two hundred dollars per day during which such violation occurs."
This hearing is open to the public and will be conducted in accordance with
the APA. The Board shall afford the operator the right to appear before the
Board with counsel.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]