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III IIIIIIIIIIIIIIII 999 STnTE OF COLORADO PiC ~i nPn D. rnus~ Gov e••nv DEPARTMENT OF NATURAL RESOURCES H arras D Sherman. EMecutrve Der ector MINED LAND RECLAMATION 723 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. 1303) 892-3567 Hamlet J. Barry, I I I, Director January 3, 1979 Mr. Louis Bendetti P.O. Box 155 Silt, Colorado 81652 RE: Eastside Mine Dear Mr. Bendetti: This is to advise that your operation of the Eastside mine without a permit was presented to the Colorado hfined Land Reclamation Board at their December 21, 1978 meeting. The Facts relating to your operation were reviewed by the Board, and based upon these facts, the Board found your operation in violation of the Colorado Mined Land Reclamation Act. Specifically, your operation was found in violation for mining without a permit. The Board also assessed a civil penalty in the amount of five hundred ($500) dollars against your operation. The civil penalty was suspended until the July, 1979 Board meeting. The suspension of the fine is conditioned upon granting a mining permit to your successor, or your submitting a reclamation only application and obtaining a recla- mation permit. Therefore, a permit must be secured by either yourself or your successor by the July, 1979 Board meeting for the civil penalty to be dropped. If you wish to appeal this decision, please refer to the attached notice of violation for the appeal procedure available to you. As you know, your brother's operation was also found to be in violation for the same reasons. However, he was issued a Cease and Desist Order, and a civil penalty of $50 was levied against him. Both of these were sus- pended until March 1, 1979, conditioned upon his being granted a permit on March 1, 1979. Your civil penalty was higher because the Roard wanted to ensure that a mining permit will be secured by your successor or yourself. The action taken against both you and your brother is to make sure that reclamation takes place after mining is completed. The Roard is not so much concerned with issuing cease and desist orders or levying civil penalties, as they are with protecting the land. In both cases, the Board is directing that reclamation of the mine sites shall occur when the mining is completed.