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i * iii iiiiiiiiiiiii ~i~ <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches, Executive Director <br />MINED LAND RECLAMATION DI~~ISION <br />DAVID C. SHELTON, Director <br />Richartl D. Lamm <br />Governor <br />May 24, 1985 <br />Mr. Jim Ary <br />Fremont Paving and Redi-Mix, Inc. <br />P.O. Box 841 <br />Canon City, Colorado 81212 <br />Re: Fremont Paving and Redi-Mix, Inc., "McKenzie Pit" <br />File No. M-80-244 <br />Dear Mr. Ary: <br />Action by the Colorado Mined Land Reclamation Board at their May 22-23, 1985 <br />meeting resulted in a finding that there is reason to believe that a violation <br />to the permit and/or the Mined Land Reclamation Act for the above captioned <br />operation has occurred (34-32-124(1), C.R.S.). <br />This matter will be on the Board agenda as a Formal Public Hearing for <br />consideration of the possible violation(s), possible cease and desist order on <br />this operation, and possible corrective action(s) for the violation(s), and <br />possible levying of civil penalties for the violation(s). <br />Your attention is called to the following provision of C.R.S. 34-32-124(1): <br />"Any person who violates any provision of any permit issued <br />under this article shall be subject to a civil penalty of not <br />less than one hundred dollars per day nor more than one <br />thousand dollars per day for each day during which such <br />violation occurs; except that any operator who operates under a <br />permit issued under Section 34-32-110 shall be subject to a <br />civil penalty of not less than fifty dollars nor more than two <br />hundred dollars per day for each day during which violation <br />occurs." <br />The hearing is scheduled for July 24-25, 1985 at 1313 Sherman Street, Denver, <br />Colorado, starting at 9:00 a.m. each day. Your matter will be heard as soon <br />after commencement as possible. Please call this office on July 22-23, 1985 <br />for a more specific day and time. I suggest that you plan to be present or be <br />represented at this hearing. <br />At the hearing, it will be reiterated that you have been in violation of the <br />permit and the Mined Land Reclamation Act. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />