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<br /> <br />#::. . <br />BUTCH SOUfHWAY <br />117 WH~I'E PINE DRNE <br />AIAMOSA, COLORADO 81101 <br />"AN EQUAL OPPORNNRY EMPLOYER" <br />May 3, 1990 <br />Off. Phone (719) 589-5103 <br />Res. Phone (719) 589-6868 <br />Mined Land Reclawation Division <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Gentlemen: <br />Re: M-81-153, M-82-018 & M-85-218 <br />Enclosed are two checks to cover the annual fees due and the civil <br />penalties for the referenced three permits. Also enclosed are the <br />report forms for the permits. We also wish to protest the automatic <br />assessment of civil penalties without benefit of hearing or <br />notification of rule changes from the Board to existing pit permit <br />holders. In this case these fees were not paid due to a clerical <br />error and we feel the amount of the penalties is not justified or <br />appropriate. A phone call or note would have alerted us to the <br />problem and would have resulted in less expense to the State and to <br />us. <br />We specifically wish to protest action by the Board that effects an <br />existing permit holder without notifying the permit holder of that <br />action. <br />Please consider this notice of compliance with the Board's <br />orders. <br />Sincerely, <br />Joh T. Ungefug <br />