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<br />• <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Aesources <br />t313 Sherman St.. Room 2i5 <br />Denver, CG 80203 <br />303 966-3567 <br />r'ax: 303 832-8706 <br />December 5, 1991 <br />~TAT~ OF COLORADO <br />pF Cpl <br />lh'~,P9 <br />~~!%'' 8 <br />:~~J.~ <br />~ ra -/6 <br />Roy Romer. <br />Governor <br />Fred R. Banta, <br />Division Oirettor <br />Mr. Del Rodamel <br />799 5th Street <br />Penrose, Coiorado 81240 <br />RE: Complaint of Encroachment; Ralph Carestia; Carestia Sand and Gravel Pit; <br />Permit No. M-81-036 <br />Dear Mr. Rodamel: <br />ThE~ Division has received your plat map showing portions of property adjacent <br />to the above cited operation. This letter will address your complaint of <br />encroachment. <br />As you know, the Division inspected this operation on September 25 of this <br />yeetr, and sent a copy of our inspection report to you. During the inspection <br />we discussed the problem with Mr. Ralph Carestia, the operati•ort°:Y In <br />addition, the Division examined the issue of encroachment with the State <br />Attorney General's office. It is the Attorney General's opinion that the <br />Mined Land Reclamation Division does not have the authority to decide property <br />disputes. <br />During the inspection the operator pointed out survey stakes that inscribe the <br />permit boundaries. The inspector noticed a channel reaching about 1/4 foot <br />outside the permit boundary and instructed the operator to backfill it. <br />Otherwise, the operations appeared to be inside the permit boundaries. <br />The operation in question is close to the boundary of the permit area. <br />However, whether it reaches outside the permit area is a question of property <br />ownership. Therefore, unless the permit boundaries are shown to be outside <br />the area for which the operator has a legal right to enter, the Division will <br />not address the matter further. <br />Please know that the MLRD is committed to assuring that mines operate ~dithin <br />the laws and regulations of the state. ;•le will work :•tith you and the operator <br />to resolve this i rue, but it will be up to you and the operator to resol•;e <br />the boundary dispute. <br />If you have questions or need further assistance please feel free to call us. <br />Sincerely, <br />~~~ ~ i~~~ <br />Harry H. Posey <br />Reclamation Specialist <br />HHP/yjb <br />97!i 1 F <br />