ENFORCE25679

• Permit No: M1991097
• IBM Index Class Name: Enforcement
• Doc Date: 8/29/1994
• Doc Name: FAX COVER-ABBOTT V GUFFEY
• From: J DAVID REED PC
• To: TOM SCHREINER
• Media Type: D
• Archive: No

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ATTORNEYS AT LAW
1047 S. FIRST STREET
P.O. BOX 196
MONTROSE, CO 61402
TEL: [phone]
FAX: [phone]
J. DAVID REED'
STEPHANIE HEXIMER"
101 E. COLORADO AVE. p203
P.O. BOX 2470
TELLURIDE, CO 61435
TEL: [phone]
FAX: [phone]
'Also Atlmitletl In Tezee
"Also Atlmilled in Louisiana end Wyominp
SENT VlA FAX
Frank J. Woodfow, Esq.
P.O. Box B27
Colorado 81402
Re: Abbott v. Guffey
Dear Frank:
August 26, 1994
On August 24, 1994, l attended the hearing before the Mined Land Reclamation
Board (the "Board"1 on the alleged violations of Ruth Abbott dba Western Earth
Movers. The determinations and actions of the Board were as follows:
1. The Board determined that a violation of Section 117(411b1 of the
Colorado Mined Land Reclamation Act, CRS 34-32-101 (the "Act"1 for failure to provide
an adequate financial warranty to complete reclamation exists. The actions of the
Board with respect to this violation were to issue a cease and desist order for any
activity other than specific reclamation activity to bring the pit into compliance
according to the recommendations of Mined Land Reclamation staff (the "Staff"J to the
Board. Without going info the specifics of the Staff's recommendations, this enfails
a stabilization of side wa//s of the pit. Further, upon completion of the remedial work,
the Staff is to compute a new bond amount. With respect to this violation, the Board
imposed a civil penalty of 56,800.00 plus 5200.00 per day from August 24, 1994
to September 21, 1994, the date of the next board meeting.
2. The Board determined that a violation of CRS 34-32-115(41(dl of the Act
for mining within 200 feet of permanent man made structures exists. The actions of
the Board with respect to this violation were to issue a cease and desist order until
compliance is achieved. In this instance and, in the order of priority, the board agreed
that corrective action would consist of, (al correction of the problem, (bl entering into
an agreement with the affected utility company for compensation for damages, or (cl
present a geo-technical study that concludes the operations have not impacted the
security of the structure. In addition, the Board imposed a civil penalty of 56,800.00
plus 5200.00 per day from August 24, 1994 to September 21, 1994.
The Board indicated that it would determine the final amount of the civil penalty
at its September, 1994 meeting. At that Time it will order the civil penalty plus the
increased amount of the bond due and payable within 15 days.