ENFORCE35465

• Permit No: M1978279
• IBM Index Class Name: Enforcement
• Doc Date: 5/21/1985
• Doc Name: GOLDMAN PIT FN 78-274 ACTION TAKEN AT THE APRIL 25 1985 MEETING OF THE MLRB NOTICE OF FORMAL PUBLIC
• From: MLRD
• To: MOUNTAIN AGGREGATES CONSTRUCTION CO
• Media Type: D
• Archive: No

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DEPARTMENT OF NATURAL RESOURCES
David H. Getches. Executive Director
M
MINED LAND RECLAMATION DIVISION
DAVID C: SH ELTO N, Director
Richartl D. Lamm
Governor
May 21, 1985
Mr. Arlie Bailey
Mountain Aggregates Construction Company
P.O. Box 1270
Rifle, Colorado 81650
Re: Goldman Pit -File No. 78-274
Action taken at the April 25, 1985 meeting of the Mined Land
Reclamation Board. Notice of Formal Public Hearing.
Dear Mr. Bailey:
This is to inform you that the Mined Land Reclamation Board found reason
believe a violation exists for mining outside of the approved permit
boundaries. The Board also increased the financial warranty to $5,000.
operator has 60 days from April 25, 1985 to submit the amended financial
warranty and a performance warranty. The matter of mining outside permit
boundaries has been scheduled for Formal Hearing to consider a Notice of
Violation, Cease and Desist Order and Civil Penalties.
to
The
Therefore, pursuant to C.R.S. 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, C.R.S., for June 25-26, 1985 at the Commons
Room or the Auditorium of Paonia High School, Paonia, Colorado. The meetings
will take place June 25, 1985 from 7:00 p.m. to 10:00 p.m, and June 26, 1985
from 8:00 a.m. to 10:00 p.m. Please contact this office on June 21, 1985 for
the specific day that the matter will be considered.
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. At this hearing, the Board will consider issuing a Notice
of Violation, and Cease and Desist Order for mining outside the approved
permit area. The Board will also consider levying civil penalties against
you. Please note that as per C.R.S. 34-32-124(7): "Any person who violates
any provision of any permit issued under this article shall be subject to a
civil penalty of not less that one hundred dollars per day nor more than one
thousand dollars per day for each day during which such violation occurs;
except that any operator 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."
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]