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~ ~ III IIIIIIIIIIIII I~~ <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getches, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />Richard D. Lamm <br />Governor <br />May 30, 1985 <br />Mr. Phil Spano <br />Henderson Development Co. <br />2080 West 60th Ave. <br />Denver, Colorado 80221 <br />Re: Henderson Development Pit, Permit 80-110 <br />Dear Mr. Spano: <br />Action taken by the Mined Land Reclamation Board at their May 23, 1985 meeting <br />was to find violations for not properly salvaging topsoil and for mining into <br />and through the 25 foot setback on the north side of the area. The Notice of <br />Violation has been enclosed for your review. <br />Further action taken by the Board was to not issue a Cease-and-Desist order <br />for these violations. <br />As corrective action for these violations, the Board specified a technical <br />revision needs to be submitted to address the setback issue, the topsoil <br />salvaging issue, and to revise the reclamation costs (and correspondingly, the <br />financial warranty) as is necessary. The Board also suggested that any other <br />deviations from the approved permit that there may be be addressed by this <br />technical revision. Also, the Board requested that the sloping of the eastern <br />shoreline to the required 3h:ly slope from five feet above to ten feet below <br />water line while maintaining the 25 foot setback be addressed. <br />The last action taken by the Board was to schedule the matter of considering <br />civil penalties at the June, 1985 meeting. Pursuant to CRS 34-32-124, you are <br />hereby notified that a hearing pursuant to the "State Administrative Procedure <br />Act" (APA), article 4 of title 24 CRS, has been scheduled for June 25-26, 1985 <br />in either the Commons Room or the Auditorium of the Paonia High School (1151 <br />Highway 187) in Paonia, Colorado. Please contact this office the afternoon of <br />June 24, 1985 to determine which day and the approximate time this matter will <br />be considered. <br />At this hearing, the Board will consider assessing civil penalties for the <br />above-specified violations. Your attention is directed to the following <br />provision from the law (spec ificaily CRS 34-32-124(7)): <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />