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~- <br />• III IIIIIIIIIIIU III ~ DEPARTMENT OF NATURAL RESOUfl CESI, ~ r;rrvei~nr <br />' ~ D. Monte Pascoe. Executive Dhenor <br />Al IN EU LANU R El;LA1V1A'I'ION <br />423 Centennial Building, 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 866-3567 <br />David C. Shelton <br />Director <br />.tune 1, <br />Mr. Lee Do gAty <br />11j377 Plai v ew Road <br />Golden, Co o ado 80401 <br />REI: Dough~y~s Pits - Our file no. 75-9 <br />FORMA[, NOTICE OF HEARING <br />Dear Mr. D u~hty: <br />On May 27,181, the Mined Land Reclamation Board moved to deny your <br />applicatio{}}jYti,;,' or a mining and reclamation permit for the above captioned <br />operation u~, to the fact that the application was inadequate. Since <br />your permi~ pplication was filed on April 20, 1981, I have tried to work <br />with you t esolve the various severe inadequacies with your application. <br />To date, IPh ve not received a reply to my adequacy letter of May 14, <br />1981 or my r~quest to you of May 21, 1981 that you seek a continuance of <br />Board cons d ration of your application rather than have it denied. For <br />your refer nqe, copies of both of these letters are enclosed. <br />OnlNovembe 0, 1980, the Mined Land Reclamation Board moved to issue a <br />Notice of i lation and Cease and Desist Order on the above captioned <br />operation o,go into effect as of that date. Said operation is located in <br />part of Set n 12, Township 2 South, Range 71 West of the 6th Principal <br />Meridian, ~e ferson County, Colorado. On November 20, the Board found <br />that you h di~been operating a clay mining operation in violation of "the <br />Colorado M nod Land Reclamation Act", Article 32 of Title 34, C.R.S. 1973, <br />as amended - 11I_1_976 Session Laws, H.B. 1065. This order was issued .and sent <br />on Novembe ~lEf, 1980. <br />This matte wiill be on the agenda for the .tune 24, 1981 hearing of the <br />Board (sub eC~ to a possible written waiver by you of said Board hearing <br />foimat), w i~ will commence at 9:00 a.m. or as soon thereafter as the <br />matter can belheard, and will be held at 1313 Sherman St., Room 110, Denver, <br />Colorado. At that time, the Board will consider levying a civil penalty for <br />violations hfour attention is directed to the following provision: from <br />C.R.S. 1973, X34-32-123: <br />"Ooeratine without a Hermit - penalty. <br />(2} Any operator who operates without <br />a permit...shall be subject to a civil <br />penalty of not less than fifty dollars <br />nor more than two hundred dollars per <br />day during which such violation occurs." <br />(cont'd) <br />i <br />L~. ~ i ~r~ n ~ Y ~~ ~h <br />