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MINED LAND RECLAMATION DIVISION i ~~ Department of Natural Resources 7373 Sherman St.. Room 275 Denver, CO 80203 303 866-3567 FAX~303 832-8106 tie, bT'7,I)~ ~ (~'a ~ ' /876' Roy gomer. Governor February 12, 1992 Pete Klein and Richard Zanett ZMK Mine Construction, Inc. P.0. Box 1817 Ouray, CO 81427 Re: Notice of Formal Public Hearing, ZMK Mine Construction, Inc. Dear Mssrs. Klein and Zanett: Frpo R. Banta. Orvision pirec7or It has come to our attention that you may be conducting an unpermitted mining operation at the above-described location. The Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seg., and specifically, 34-32-109(7), as amended, requires all persons who mine in Colorado obtain a reclamation permit for their mining operation. You have waived your right to a 20 day notice; therefore, 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 February 26-27, 1992, in Room 316 of 1313 Sherman Street, Denver, Colorado, commencing at 9:00 a.m. each day. Your matter will be heard during a Formal Public Hearing as soon after commencement as possible. Please call this office on February 21, 1992 for a more specific day and time. During the Formal Public Hearing, the Board may issue or confirm a Cease and Desist Order, consider possible civil penalties and corrective actions (if a violation is found.) Civil penalties are levied pursuant to Article 32 of Title 34, Section 123(2) and Section 1Z3(3), which state: (2) Any operator who operates without civil penalty of not less than one than five thousand dollars per day affected. Such penalties shall be exceed sixty days. Operators who their approved permit boundary may permit. a permit shall be subject to a thousand dollars per day nor more for each day the land has been assessed for a period not to mine substantial acreage beyond be found to be operating without <3) Any operator or prospector who operates without filing a notice of intent or a 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 for each day the land has been affected. Such penalties shall be assessed for not less than one day and not more , than sixty days. Operators operating under a permit approved pursuant to Section 34-32-110 who affect more than two acres may be found to be operating without a permit. ~TATF._~ COLORADO III IIIIIIIIIIIII ~OF.COr0~