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<br /> <br /> <br />Mr. Tim Smith -2- March 17, 1983 <br />The facts constituting the alleged violations are: <br />A. The temporary waste rock handling area is larger than the 1.14 <br />acres outlined in the permit. <br />B. The temporary waste rock handling area is in the wrong locatio~~ as <br />outlined in the permit and is spilling into Ralston Creek. <br />C. The cutoff for the uranium content of rack to be placed in the <br />waste pile is .07 percent, rather than the 0.15 percent which is <br />pe nnitted. <br />D. A 1/2 acre unpermitted gravel pit was opened adjacent to Ralst~m <br />Creek with no topsoil salvage. <br />Therefore, pursuant to C.R.S. 1973, 34-32-124(lj, 124(5), and 124(7), you <br />are hereby notified that a hearing has been scheduled pursuant to the <br />State Administrative Procedure Act ("APA"), Article 4 of Title 24, C.R.S. <br />1973, on April 27, 1983 in Room 110 of 1313 Sherman Street, Uenver, <br />Colorado commencing at 9:00 a.m., or as soon thereafter as the matter can <br />be heard. The hearing is open to the public and shall be conducted in <br />accordance with the APA. <br />At the hearing, the Board will consider the alleged violations and <br />corrective actions to modify the permit and may also consider levyirnl <br />civil penalties against Cotter Corporation if a violation is found, <br />pursuant to the authority granted pursuant to C.R.S. 1973, 34-32-124(7), <br />which states: <br />"Any person who violates any provision of any permit issued unrier <br />this article shall be subject to a civil penalty of not less than <br />one hundred dollars per day nor more than one thousand dollars per <br />day for each day during which such violation occurs; except that <br />any operator who operates under a permit issued under section <br />34-13-110 shall be subject to a civil penalty of not less than <br />fifty dollars nor more than two hundred dollars per day for earth <br />day during which such violation occurs." <br />The Board shall permit all parties to respond to the notice served, ~o <br />present evidence and arguments on all issues, and to conduct <br />cross-examination required for a full disclosure of the facts. I su!Igest <br />that a representative of your company be present at this meeting. Please <br />feel free to call our Division if you have any questions in this mater. <br />S~ ncere ly, <br />James B. McArple <br />Senior Reclamation Specialist <br />JBM/mmt <br />HAND-DELIVERED <br />Uoc. No. 1652 <br />