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<br />DIVISION OF MINERALS AND GEOLOGY <br />Depulmcm ui Nawral Resources <br />1717 Sherman 51., Rnom 215 <br />Denver, Colura[lo 80203 <br />Phone: 1303) 866-3567 <br />FAX: 13031 83?-81 Ob <br />September 1, 1995 <br />r~T"T>, OF COLORADO <br />III IIIIIIIIIIIIIIII ~ ~,~, <br />~~~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Mr. Leroy Archuleta Roy Romer <br />Saguache County c°°"r"°' <br />P.O. Box 476 lames S. La hhead <br /> <br />Saguache, CO 81149 E+ecueve D~reaor <br /> Michael e. Long <br /> Drvisiun Dueaa~ <br />RE: Coleman Pit, SW NE Section 19, T44N, RSE, New Mexico P.M., Saguache County <br />Dear Mr. Archuleta: <br />It has come to our attention that you are conducting an unpennitted mining operation at the <br />above-described location. <br />All mining operators are required to obtain mining and reclamation permits for their mining <br />operations in Colorado by the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sec ., <br />and specifically, 34-32.5-109, as amended. <br />The Division of Minerals and Geology has placed you and your operation on the Mined Land <br />Reclamation Board meeting agenda for consideration of possible violation of the above <br />mentioned statute. This meeting is scheduled for October 18-19, 1995, in Room 318 of 1313 <br />Sherrnan St., Denver, Colorado, commencing at 9:00 a.m. each day. Your matter will be heard <br />as soon after commencement as possible. Please call this office on October 16, 1995 for a <br />more specific day and time. <br />At the meeting the Board may issue a Cease and Desist Order for your operation at the above <br />cited location per Article 32.5 of Title 34, Section 123 (1) which states: <br />(1) "If an operator or person conducting exploration fails to obtain a valid permit or (le a <br />notice of intent pursuant to this article, the Board or the Office may issue an immediate <br />cease and desist order. Concurrently with the issuance of such an order, the Board or <br />the Office may seek a restraining orderorinjunction pursuant to Section 34-32.5-124{3)." <br />At the formal public hearing, the Board may consider possible civil penalties (if a violation is <br />found). Civil penalties are levied pursuant to Article 32.5 of Title 34, Section 123(2) which states: <br />(2) "An operator who operates without a permit shall be subject to a civil penalty of not less <br />than one thousand dollars per day nor more than five thousand dollars per day for each <br />day the land has been affected, not to exceed three hundred sixty-five days. An <br />operator who mines substantial acreage beyond the approved permit boundary maybe <br />found to be operating without a permit. <br />