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DEPARTMEr~FNATURALRESOURCES D Monle Pascoe. live D~reclor MINED L~4ND RECLAMATION DI DAVID C. SH ELTON Director Richartl D. Lamm Governor March 29, 1982 Mr. Richard D. Thomas Attorney Thomas & Thomas Box 128 Burlington, Colorado 80807 RE: Kit Carson County's Unpermitted Gravel Operations. NOV number 82-8 Dear Mr. Thomas: On March 24, 1982 the Nined Land Reclamation Board issued a Cease and Desist order for Kit Carson County's unpermitted operations. By reason of the Countyh.failureto comply with provisions of the toned Land Reclamation Act, C.R.S. 1973 ~ 34-32-101 et. seq., namely, to cease operations at the site until a permit is obtained, this matter will be on the Board agenda for April 21, 1982 for consideration of the imposition of civil penalties. Your attention is called to the following provision from C.R.S. 1973 ~ 34-32-123(2): "Any operator who operates without a permit or a prospector who prospects without filing a notice of intent shall be subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day during which such violation occurs; except the.t any operator eligible for a permit under section 34-32-110 shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day during which such violation occurs." At the hearing which will be held in Room 110, 1313 Sherman Street, Denver, Colorado commencing at 9:00 a.m. or as soon thereafter as the matter can be considered, the County Commissioners will have the opportunity to appear in person or be represented by attorney. It will be asserted that the County has been mining without a permit in violation of C.R.S. 1973 g 34-32-123(1),(2) and that a civil penalty shall be assessed against the County for doing so. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 J • III IIIIIIIIIIIII III v~nr~u 999