ENFORCE36363

• Permit No: M1988081
• IBM Index Class Name: Enforcement
• Doc Date: 10/23/2006
• Doc Name: Returned mail
• From: DRMS
• To: Comstock Mining & Refining
• Media Type: D
• Archive: No

STATE OF COLdRAD~~
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
7313 Sherman SL, Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 11, 2006
Mr. Raymond "Rocky" Conner
Comstock Mining & Refining
P.O. BOX 841
Silver Springs, NV 89429
RE: Phil Sheridan Lode; Permit No. M-1988-081
- -Notice of-Possible Violation- - -- '--
Dear Mr. Conner,
COLORADO
D I VISION O F
RECLAMATION
MINING
- Sc-
SAFETY
eul ovens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division DlreC[Or
Natural Resource Trustee
On July 19, 2006 the Division of Reclamation, Mining and Safety (Division) conducted an inspection and
required Comstock Mining & Refining to submit documentation regarding proof of legal right of entry
for the Phil Sheridan Lode, Permit No. M-1988-081. I7T addition, the Division required the operator to
submit proof that Comstock Mining & Refining currently exists as an entity to do business in the State of
Colorado and has the financial ability to perform reclamation on site. The information was due no later
than September 1, 2006. The Division has not received the information as required in the July 19, 2006
inspection report.
Therefore, the Division believes the Operator to be in possible violation of the Colorado Mined
Reclamation Act (Act) and the Hazd Rock/Metal Mining Rules and Regulations (Rules) and the
Performance Warranty, specifically;
C.R.S. 34-32-118(1)(d) of the Act and Rule 4.20(1)(d) for failure to demonstrate to the Division
Comstock Mining & Refining's financial ability to carry out their obligation under the article.
Rule 6.3.7 of the Rules and the Performance Warranty for failure to provide a description of the basis
for legal right of entry to the site and to conduct mining and reclamation.
The Division will schedule this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the October 18-19, 2006 Board meeting for consideration of
the possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado,
beginning at 9:00 a.m. on October 18`s or beginning at 9:00 a.m. on October 19`h, or as soon thereafter on
each of those days so that the matter can be considered. At that hearing you will have the opportunity to
be represented and heazd. It will be reiterated that there is reason to believe that you are in violation of
the provisions noted above.
Ifthe Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty
in the amount of $100 to $1000 for each day of violation, and/or order the permit be suspended, modified,
or revoked. Ifyou have evidence indicating that the possible violations noted above do not exist or have
been corrected, please provide it to us as soon as possible or bring it to the hearing.
Office of Office of
Mined Land Reclamation Attive and Inactive Mines