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s. i !t has come to the attention of this Department that L.G. Everist nc. is and has been operating a rock quarry for the purpose of obtaini g "Rip- Rap" type of erosion control material in a portion of Sections 9, 0, and I5, T145, R100W, Mesa County, Colorado, An inspection of this qua ry was made on March 30, 1987 by Mr. Steven L. DeFeyter, Air Pollution Co trot Specialist, a duly delegated and qualified representative of the M sa County Health Department. A review of Departmental files indicate that a valid permit has never been issued for this operation. Additional y, it was - -observed at the time of inspection that a "feeder" screening devic operating on the site constituted an air pollution emission source for which no permit has been issued, and that a Relocation Notice/Revi ed Air Pollutant Emission Notice for location of such a device has not be n filed. Your attention is again direct to the Colorado Air Quality Control~Act, CRS, Section 25-7-I14, and specifically the Colorado Air Quality C ntrol Commission's Regulation No. 3, Il. B. (I), which reads in part as ollows: "1. A revised Air Pollutant Emission Notice shall be filed: d. Whenever the location of a portable facility, proce s, or activity is changed and it is to be operated at the new location for at least thirty days." Pursuant to the above information, and as provided by Sections 25- -115 (2) CRS, this letter will serve as an Official Notice of Violation of Regulation No. 3, as cited above. In accordance with the requirements of Section 25-7-115(3), a conf rence regarding the alleged violation has been scheduled for April 30, 1 87, at the Mesa County Health Department, 515 Patterson Road, Grand Junction, Colorado at 10:00 A.M. As a result of the conference a determin tion will be made as to whether a violation occurred and, if such a violation did occur, whether a non-compliance penalty must be assessed under Section 25- 7-115(5). This conference will provide L.G. Everist Inc, an oppor unity to submit data, views, and arguments concerning the alleged violation and whether assessment of non-compliance penalty is required, The De rtment may provide further opportunity for L.G. Everist Inc. to respond a ter the conference if circumstances warrant. Should the scheduled dat or time impose an inconvenience for you contact this office for rescheduli g. However, should you not attend the scheduled conference nor reques a rescheduling of the meeting, further enforcement action shall be t ken in accordance with Sections 25-7-121 (court injunction) and 25-7-122 (civil penalties), CRS. i~ :' Please be advised that in accordance with Section 25-7-115(5)(c), RS. A non-compliance penalty generally must be assessed for any period f violation from the date of issuance of this notice until the date n which the emission source is•brought into compliance. The amount of a n n- compliance penalty is calculated in accord with the provisions of 5-7- )15(5)(b), CRS, and is basically equivalent to the "economic savi gs" to L.G. Everist fnc. resulting from failure to comply with applica le air pollution control requirements. Any possible exceptions to th requirement for payment of a non-compliance penalty will be discus ed at the scheduled conference. ~.