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1 <br />• <br />Mr. Chuck Webster <br />September 2, 1981 <br />page -2- <br />The Mined Land Reclamation Division has placed you and your operation <br />located in the NEs of Section 20, Township 8 South, Range 80 West of the <br />6th P. M. on the September 23-24, 1981 ilined Land Reclamation Board <br />meeting agenda for possible violation of the above mentioned statute. <br />During this meeting, the Board may also consider a Cease and Desist Order <br />on this operation per Article 32 of Title 34, Section 123(1) which states: <br />(1) "Whenever an operator or prospector fails to obtain a valid permit or <br />file a notice of intent under [he provisions of this article, the <br />board may issue an immediate cease and desist order. Concurrently <br />with the issuance of such an order, the board may seek a restraining <br />order or injunction pursuant to. Section 34-32-124(3)." <br />Both of the sand and gravel operations mentioned in this letter will also <br />be on this Board agenda for possible imposition of civil penalties against <br />you. Your attention is called to the following provision from C.R.S. <br />1973 § 34-32-123(2): <br />"Any operator who operates without a permit or a prospector who <br />prospects without filing a notice of intent shall be subject to a <br />civil penalty of not less than one hundred dollars per day nor more <br />than one thousand dollars per day during which such violation <br />occurs..." <br />At that hearing, which will be held in Room I10 of 'the Centennial Bldg., <br />1313 Sherman, Denver, Colorado, beginning at 9:00 a.m. or as soon there- <br />after as it may be heard, you will have [he opportunity to appear in <br />person and/or be represented by your attorney. It will be asserted that <br />Webster Sand and Gravel has been mining without permits in violation of <br />C.R.S. 1973 § 34-32-109(7), and that civil penalties should be assessed <br />against Webster Sand and Gravel. <br />Submission of permit applications and supporting materials for both of <br />the above mentioned operations as soon as possible is strongly advised. <br />Regular impact (112) permit application forms are enclosed. To receive <br />a copy of our Rules and Regulations (if you do not already have one), <br />please send a check or money order payable to the Colorado Mined Land <br />Reclamation Board in the amount of two dollars with a request for these <br />Rules and Regulations, and a copy will be sent to you. If you have any <br />questions concerning these applications, please call and our Division will <br />be glad to assist you. <br />If you have any further questions in this matter, please call. <br />Sincerely, <br />Mark 5. Loye <br />Reclamation Specialist <br />Enclosures <br />CERTIFIED MAIL N0. P03 8825343 (Return receipt requested.) <br />