ENFORCE34200

• Permit No: M1983033
• IBM Index Class Name: Enforcement
• Doc Date: 10/3/1984
• Doc Name: WALSTRUM MINE FN 83-33 ACTION TAKEN AT THE SEPT 26 1984 MEETING OF THE MLRB
• From: MLRD
• To: ALBERT FREI AND SONS INC
• Media Type: D
• Archive: No

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DEPARTPAEMT OF MATUI3AL rlt~vur9l~t~
David H. Getche4 Executive Director
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DAVID~C. SI9@LTOId, Dlroctor
Richard D. Lamm
Governor
October 3, 1984
Mr. Albert Frei
Albert Frei & Sons, Inc.
11521 Brighton Boulevard
Henderson, Colorado 80640
Re: Walstrum Mine -File No. 83-33 Action taken at the September 26, 1984
meeting of the Mined Land Reclamation Board
Dear Mr. Frei:

As you are aware, the Mined Land Reclamation Board found reason to believe a
violation has occurred for disturbing land outside of the permit boundary as
outlined in the September 11, 1984 inspection report. Therefore, the board
scheduled this matter for formal hearing to consider a notice of violation and
cease and desist order.
Pursuant to CRS 34-32-124, you are hereby notified that a hearing has been
scheduled pursuant to the "State Administrative Procedure Act" APA, article 4
of title 24, CRS, for October 24, 1984, in room 110 of 1313 Sherman Street,
Denver, Colorado, commencing at 9:00 a.m., or as soon thereafter as the matter
can be considered. At this hearing, the Board will consider finding you to be
in violation of the permit (No. 83-33) and possibly issue a cease and desist
order and/or direct the operator to take corrective action.
Please note that as per CRS 34-32-124(1): "Any person who violates any
provision of any permit issued under this article shall be subject to a civil
penalty of not less than one hundred dollars per day nor more than one
thousand dollars per day for each day during which such violation occurs;
except that anyoperator who operates under a permit issued 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 during which such
violation occurs."
The hearing is open to the public and shall be conducted in accordance with
the APA: The Board shall afford the operator the right to appear before the
Board with counsel.
Please feel free to contact me if there are any questions.
Sincerely,
~~ ~ ~~~~
James B. McArdle
Senior Reclamation Specialist Certified Mail No. P 329 264 281 ~,
Return Receipt Requested
JBM/ygt
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]