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j ~. • DIVISION OF h11NERALS AND GEOLOGY Department of Natural Resources 1317 Sherman St.. Room ?15 Denver, Colorado 80?03 Phone: (3031 866-3567 FAt: (3031 83?-8106 July 27, 2000 ~ III IIIIIIIIIIIII III STATE OF COLORADO ~~ DIVISION OF MINERALS GEOLOGY RECLAMATION MINING•SAFETY Bil I Owens Governor Greti E. Watcher &ecmive Dtreaor Mr. li. C. Summers. Itf, City Finance Director hlich~cl R Lone City of Walsenburg Div~swn Dneclor 525 S. Albert Walsenburg, CO 81089 RE: City of Walsenburg Gravel Pit (File No. M-2000-092) Reason To Believe a Violation Exists Dear Mr. Summers: It has come to our attention that you are conducting an unpermitted mining operation at the above-described location. All mining operators are required to obtain mining and reclamation perrriits for their mining operations in Colorado by the Cclorado Mined Land Reclamation Act, C.R.S. 34-32.5 101 et s_eg., and specifically, C.R.S. 34-32.5-109[:1), as amended. The Division of Minerals-and Geology has placed you and your operation on the. Mihed Land Reclamation Board meeting agenda for consideration of possible violation of the above mentioned statute. This meeting is scheduled for August 24, 2000, in Room 318 of 1313 Sherman St., Denver, Colorado, commencing at 9:00 a.m. Your matter will be heard as soon after commencement as possible. At the meeting the Board may issue a Cease and Desist Order for your operation at the above cited location per Ar[icle 32.5 of Title 34, Section 123 (1) which states: (I) "!f nn operator or person cor:dttcting exploration fails to obtnitt a valid permit or file a notice of intent pursuant to this article, the Board or the Office may issue nn immediate cease mid desist order. Concurrently with the issumice of such nn order, the Bonrc! or the Office may seek a restraining order arinjunction pursuantto Section 34-32.5-124(3)." At the formal public hearing, the Board may consider possible civil penalties (if a violation is found). Civil penalties are levied pursuant to Article 32.5 of Title 34, Section 123(2) which states: (2) "An operator who operates rvitftout a permit shall be subject !o a civil penalty of not less than otre thousm:d dolinrs per day nor more than five t/eousm:d dollars per dny for each dny the land has been affected, not to exceed three hundred sixty five days. An operator who mines substantial acreage beyaid the approved permit boundary maybe found to be operating witltout a permit. "