1988-03-14_GENERAL DOCUMENTS - M1988030

• Permit No: M1988030
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 3/14/1988
• Doc Name: UNPERMITTED OPERATION
• From: DRMS
• To: ROCKY MOUNTAIN CONSTRUCTORS
• Media Type: D
• Archive: No

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;C STATE OF COLORADO
Roy Romer, Governor
*1876 ` O L(j�O n
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION DIVISION
FRED R. BANTA, Director
March 14, 1988
Mr. Dean Smith
Rocky Mountain Constructors
3070 South Wyandot Street
Englewood, Colorado �80110
Re: Unpermitted Operation Within E 1/2 of Section 3, Township 3S, Range 66W
Dear Mr. Smith:
It has come to our attention that your are conducting an unpermitted mining
operation at the above-described location.
All mining operators are required to obtain mining and reclamation permits for
their mining operations in Colorado by the Colorado Mined Land. Reclamation
Act, C.R.S. 34-32-101 ;et seq. , and specifically, 34-32-109(7), as amended.
The Mined Land Reclamation Division has placed you and your operation on the
Mined Land Reclamation,Board meeting agenda for consideration of possible
violation of the above ,mentioned statute. This meeting is scheduled for
March 24, 1988, in Room 110 of 1313 Sherman Street, Denver, Colorado,
commencing at 9:00 a.m.� Your matter will be heard as soon after commencement
as possible. I
At the meeting the Board may issue a Cease and Desist Order for your operation
at the above cited location per Article 32 of Title 34, Section 123(1 ) and (2)
which states:11 I
(1 ) Whenever an operator or prospector fails to obtain a valid permit or
file a notice of intent under the provisions of this article, the board
may issue an immediate cease and desist order. Concurrently with the
issuance of such an order, the board may seek a restraining order or
injunction pursuant to Section 34-32-124(3)."
At a formal public hearing, to be held during a later Board meeting, the Board
may consider possible civil penalties (if a violation is found). Civil
penalties are levied pursuant to Article 32 of Title 34, Section 123(2) which
states: I
(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 that any
operator eligible fora 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. "
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. [phone]