Laserfiche WebLink
III III III III IIII III <br />STATE OF Cr' _ORn00 PiCH nPD D 1. Gav c,~or <br />DEPARTMENT OF NATURAL RESOURCES <br />Harris D. Sherman, Executive Dir actor <br />M IN ED LAN U R ECLAAI A'I'ION <br />723 Centennial Building, 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 8923567 <br />Hamlet J. Barry, II I, <br />Director <br />January 3, 1979 <br />Henry Bendetti <br />811 Pitkin Avenue <br />Glenwood Springs, Colorado 81601 <br />RE: Nu-Gap Coal Mine <br />File No. 78-362 <br />Dear Mr. Bendetti: <br />This is to advise that your operation of the Nu-Gap mine without a mining <br />permit was presented to the Colorado Mined Land Reclamation Board at their <br />December 21, 1978 meeting. Based on the facts presented by the Staff, the <br />Board found you in violation of the Colorado Mined Land Reclamation Act, <br />for operating without a permit. The Board then issued a Cease and Desist <br />Order to you and your operation. However, both of these actions were <br />suspended on the condition that you secure a mining permit by March 1, <br />1979. The enclosed copy of the Cease and Desist Order specifies tl~e <br />provisions of the act that were violated. Also, if you wish to appeal <br />the Board's decision, please refer to the Cease and Desist Order for the <br />appeal procedure available to you. <br />As you may know, your brother's operation was also found to be in <br />violation for the same reasons. However, he was issued a notice of <br />violation, and a civil penalty in the amount of $500. His fine was also <br />suspended until the July, 1979 Board meeting conditional upon either <br />his successor or himself obtaining a permit for the operation. A cease <br />and desist order was not issued 'because he has stopped his operation as <br />of November, 1978. The action taken against both you and your brother <br />is to ensure that reclamation takes place after mining is completed. <br />The Board is not so much concerned with issuing cease and desist orders <br />or levying civil penalties as they are with protecting the land. In bot}t <br />cases, the Board is directing that reclamation of the mine site shall occur <br />when mining is completed. <br />Your application form was received on December 20, 1978, and Rick Ptills <br />of my staff has started reviewing it. From our review it appears that there <br />is .a little bit of work to do on the application before it will be ready <br /> <br />