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~: ..w-C/ W. DREW LAMOREUX President February 12, 1992 ~I;~ Mined Land Reclamation Board 111~y\l ////O Mined Land Reclamation Division ``/ 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Notice of Violation Number C-91-010 $1,000.00 Civil Penalty Dear Sirs: At the present time, the First National Bank of Florence would like to request a hearing in reference to this violation. The basic facts are, that a reclamation project at the LaPlata site, was undertaken by the First National Bank of Florence and would have been completed to the satisfaction of all parties, had a conveyor system been removed from the site. The First National Bank of Florence does not own the conveyor, nor does the State of Colorado. The legal ownership of the conveyor has been somewhat in doubt in the past, while the State Attorney's office, presently is in the process of establishing that ownership to everyone's satisfaction and then working with all parties involved. We were led to understand, by the State Attorney General's Office, that we were to do nothing at the site beyond what we had done in the sum- mer of 1991, due to the possibility of the State of Colorado and The First National Bank of Florence being sued by the owners of the conveyor belt. 1Je complied with this request and later were told that we had misinterpreted the request and that, in fact, we were liable for sediment moving off the property. At a Board hearing, most of these facts ~.aere discussed and there were certain agreements made at this hearing. The First National Bank of Florence felt these were reasonable and acceptable. The summation of those agreements were that the First National Bank of Florence would go down and fix all of the problems caused by the sediment moving off and the seeding of the property. This had already been done to the State's satisfaction. The Mined Land Reclamation representatives at that time, agreed that the Bank would be responsible for the continuing surveillance of the foli- age to make sure that it did not deteriorate. It was also agreed, that the Bank, would not be responsible nor would it be our obli- gation to remove the conveyor belt. We then were told through our attorney in his correspondence with the State Attorney General's Office that this is not the case and that we do carry some respon- sibilities now that we were unaware of. .~r.f~ National Bank Post O11ice Box 389 ~ Florence, Colorado 81226 ~ Phone 764-6316