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w • <br />Mr. James R. Miner <br />May 11, 1981 <br />Page -2- <br />state inspector visits an unpermitted mining operation, and the Mined Land Recla- <br />mation Board finds it to ba in violation of the Colorado Mined Land Reclamation Act, <br />action by the Board can include: <br />34-32-123, 1973 C.B.S. ae amendnd: "Operating without a parmit~penalt9. <br />(1) Whenever an operator or prospector fails to obtain a valid permit or file a notice <br />of intent under the provisions of this article, the board may issue en immediate cease <br />and desist order. Concurrently with the leeuanee of such an order, the board may <br />seek a restraining order or injunction pursuant to section 34-32-124(3)." <br />"(2) Any operator who operates without a permit or a prospector who prospects with- <br />out filing a notice of intent shall ba subject to a civil penalty of not lees than <br />one hundred dollars per day nor morn than one thousand dollars per day during which <br />such violation occurs; except that any operator eligible for s permit under section <br />34-32-110 shall be subject to a civil penalty of not lees than fifty dollars nor more <br />than two hundred dollars per day during which such violation occurs." <br />You are hereby notified that at the May 27, 1981 Board meeting, the Mixed Land Recla- <br />mation Board will meet in Meeker, Colorado to consider what action it should take <br />under Section 34-32-123, 1973 C.R.S. (cited above) regarding the above operation. <br />At the meeting you will have the opportunity to appear in person or by your attorney <br />to present your case and participate generally in accordance with the governing rules <br />and laws. <br />Please contact the Division (866-3567) prior to May 26 for a more precise limn and <br />place of the Board meeting. <br />Sincerely, <br />Jay Lucas <br />Reclametiaa Specialist <br />Enclosures <br />CERTIFIED MAIL OP20 1401943 <br />RETORN RECEIPT RBQDESTED <br />JL/jm <br />