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.;. <br />Hichartl U. Lamm <br />Governor <br />• <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches. Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHELTO N, Director <br />August 12, 1985 <br />Mr. Chuck Nauta <br />832 Wood Street <br />Fort Collins, Colorado 80521 <br />Re: Wood Street Gravel Pit <br />Wi{lox Lane Gravel Pit <br />Dear Mr. Nauta: <br />On August 8, 1985 the staff did inspect two (2) gravel pit operations located <br />in and near Fort Collins, Colorado. At that time, it was determined that the <br />two pits, one located off of Willox Lane, about 1/4 mile east of Shields <br />Street and the second located at 832 Wood Street, are run and operated by Mr. <br />Charles Nauta. The Division does not have any record of existing permits for <br />either site. According to the Mined Land Reclamation Act, 34-32-101 et. seq., <br />all sand and gravel pits within the state of Colorado must be properly <br />permitted with the Colorado Division of Mined Land Reclamation. <br />Please check your records for any permit documentation. If no permits exist, <br />then applications must be submitted. <br />The matter of mining without a permit will be presented to the Mined Land <br />Reclamation Board at a formal Public Hearing to consider a Notice of <br />Violation, Cease and Desist Order, and corrective action. <br />Therefore, pursuant to C.R.S. 34-32-123, you are hereby notified that a <br />hearing has been scheduled pursuant to the "State Administrative Procedure <br />Act", APA, Article 4 of Title 24, C.R.S., far August 21-22, 1985 at Room 110 <br />of 1313 Sherman Street, Denver, Colorado. The meetings will commence 9:00 <br />a.m. Please contact this office on August 19, 1985 for the specific day that <br />the matter will be considered. <br />The hearing is open to the public and shall be conducted in accordance with <br />the APA. The Board shall afford the operator the right to appear before the <br />Board with counsel. At this meeting, the Board will consider issuing a Notice <br />of Violation and Cease and Desist Order for mining without a permit. <br />Additionally, the Board may order corrective action which would entail proper <br />permit applications. The Board may set a hearing date to consider levying <br />civil penalties against you. Please note that as per C.R.S. 34-32-123(2): <br />"Any operator who operates without a permit or a prospector who prospects <br />without filing a notice of intent shall be subject to a civil penalty of not <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />• iii iiiiiiiiiiiuiii <br />