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~~~~ JFi`'~O<?~7 <br />_ O <br />~. ~_`"' <br />rte, .i <br />~,ra~~.. <br />Flchartl U Lamm <br />Governor <br />III IIIIIIIIIIIII III <br />999 <br />DEPARTMENT OF NATURAL RESOURGES <br />Dacitl H Geic hes, Ezecutrve Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTO N, Director <br />DATE: August 6, 1985 <br />T0: Bob Hykan <br />FROM: Brian Munso~C <br />RE: Board Hearing on August 22, 1985 Regarding Cessation Order C-85-013 <br />Written to Buddy Healey <br />On February 14, 1985, we received an anonymous citizens complaint on an <br />illegal mining operation near Aguilar, Colorado. lJe investigated the <br />complaint and discovered Mr. Buddy Healey of Gulnare, Colorado excavating to <br />remove coal at a previously disturbed, but unpermitted site. Cessation Order <br />C-85-013 was issued to Mr. Healey for mining without a permit. <br />An informal on-site hearing was held on March 6, 1985, as required by <br />34-33-123(6). It was determined at this time that the violation was abated, <br />and the Cessation Order was terminated. <br />A civil penalty in the amount of $3,250.00 was proposed on March 18, 1985. <br />Mr. Healey requested an assessment conference and on May 7, 1985 the <br />assessment conference officer reduced the penalty to $1,500.00 and modified <br />the Cessation Order to conducting exploration without an approved notice of <br />intent. This was done because of the lack of evidence that Mr. Healey was <br />selling coal. <br />Mr. Healey did not sign the settlement agreement and pay the fine. A Notice <br />and Order to Pay Fixed Penalty was issued on June 6, 1985 (the date of issue <br />on the fixed penalty form is incorrect). A check in the amount of $1,500.00 <br />and request for hearing was received by the Division on July 10, 1985. Mr. <br />Hanish, acting on behalf of Mr. Healey, objects to the fact of the Cessation <br />Order because the natural land surface was not disturbed as suggested by <br />34-33-117-(3). <br />A Board hearing leas been scheduled for August 22, 1985. I have attached the <br />pertinent documents. Call me to set up a meeting to plan the hearing, or if <br />you have further questions. <br />/ph <br />Attachments <br />Doc. No. 2485 <br />42'3 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 8663567 <br />