ENFORCE24181

• Permit No: M1991133
• IBM Index Class Name: Enforcement
• Doc Date: 12/20/1991
• Doc Name: A&S CONSTUCTION CO DEMETRIO & OLIVE VALDEZ FN M-91-133
• From: MLRD
• To: A&S CONSTRUCTION CO
• Media Type: D
• Archive: No

MINED LAND RECLAMATION DIVISION
Department of Natural Resources
1373 Sherman St.. Room 215
Denver, CO 80203
303 8663567
FAX~303 832-8106
December 20, 1991
Ms. Phyllis Ary
A & S Construction Co.
P.O. Box 566
Canon City, CO 81212
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Ray Romer.
Governor
Fred R. Banta.
Division Director
Re: A & S Construction Company, Demetrio and Olive Valdez, File No. M-91-133
Dear Ms. Ary:
It has come to our attention that you may have conducted an unpermitted mining
operation on the west side of the Rio San Antonio, about one mile south of
Antonito, Colorado, on the above-cited property. 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.
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
January 22-23, 1992, in Room 318 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 Monday, January 20, 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 123(3), which state:
<2) Any operator who operates without a permit shall be subject to a civil
penalty of not less than one thousand dollars per day nor more than five
thousand dollars per day for each day the land has been affected. Such
penalties shall be assessed for a period not to exceed sixty days.
Operators who mine substantial acreage beyond their approved permit
boundary may be found to be operating without a permit.
(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.