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<br />GALE A. NORTON <br />AtIOrney General <br />$TEPF~N K. ERKENBRACK <br />Chief Depury Attorney General <br />TlnroTBV M. 'ri•Mlcovlce <br />Solicitor General <br />iiiiinuiiuiiiiii <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF TF~ ATTORNEY GENERAL <br />March 11, 1994 <br />STATE $ER~ICFS BUILDIN <br />1525 Sherman Street - 5th Floor <br />Denver. Colorado 80203 <br />Phone (303) 866-4500 <br />FAX {303) 866.5691 <br />CERTIFIED MAIL <br />Dr. W. D. Corley, Jr. <br />The Corley Company <br />P.O. Box 1821 <br />Colorado Springs, CO 80901 <br />RE: Reclamation of GEC Pit <br />Dear Dr. Corley: <br />Representatives of the Division of Minerals and Geology, <br />Natural Resources Department, State of Colorado (Division) have <br />brought to my attention that you are interfering with the recla- <br />mation activities at the above-referenced site. I understand <br />from them, that among other things, you have been climbing on the <br />Division's contractor's equipment, causing work to stop, and be- <br />ing physically present in areas on which reclamation work is on- <br />going. Such interference is unnecessary, dangerous to yourself <br />and those attempting to reclaim your site, and detrimental to the <br />efficient, timely, and satisfactory reclamation of this site. <br />As I stated to you at the pre-bid conference on January 11, <br />1994, the Division has the statutory and regulatory responsibil- <br />ity and authority to ensure that satisfactory reclamation of <br />lands affected by coal mining occurs in the State of Colorado. <br />Specifically, the Colorado Surface Coal Mining Reclamation Act <br />(Act) Section 34-33-I04, C.R.S., provides that "the division and <br />board [Mined Land Reclamation Board (MLRB)] have the full power <br />and authority to carry out and administer the provisions of this <br />(Act]." Importantly, the Act goes on to state that: "the divisior <br />and board shall have jurisdiction and authority over persons and <br />property, public and private, necessary to enforce the proviszon~ <br />of this [Act]." Section 34-33-105, C.R.S. <br />Obviously, the MLRB and Division cannot carry out their <br />statutory and regulatory authorities to reclaim your land if you <br />are physically present and otherwise interfering with the recla- <br />