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DEPARTMENT OF NATURAL RESOURCES III'll'll'II"II'I~ David H. Getohes, Eneoutive Director 999 MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director Richard D. Lamm Governor January 28, 1985 Mr. C. Jim Helmericks 400 E. 32nd Duranyo, Colorado 81301 RE: J & J Pit -File No. M-85-001 Dear Mr. Helmericks:: Action by the Colorado Mined Land Reclamation Board at their Janua~ 23, 1985 meeting resulted in their issuing the enclosed Notice of Violation and Cease and Desist Order applying to the operation described above. The Cease and Desist Order requires an immediate cessation of mini~g at the above described site. This matter will also be on the Board Agend as a formal public hearing for the meeting of February 27-28, 1985 for possible imposition of civil penalties. Attention is called to the followiq provision from C.R.S. 1973 § 34-32-123(2): Any operator who operates without a permit or a prospector o prospects without filing a notice of intent shall be subject to a civil penalty of not less than one hundred dollars per day nor mor 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 of 1313 Sherman Stre t, Denver, Colorado beginning at 9:00 a.m. each day, you will have the,opportu ity to appear in person and/or be represented by counsel. It will be refit rated that you have been mining without a permit in violation of C.R.S. 1973 § 34-32-109(7) and that a civil penalty should be assessed against yo (as per C.R.S. 1973, 34-32-123(2)). 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. ( 03) 866-3567