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~~~ ~~~~~~~~~~~~~~~~ p~b.~o~,: ~ <br />~- i <br />„c~°~ 999 STATE OF COLOIZP~DO <br />~m <br />Roy Romer, Governor <br />~ l876 ~ D D <br />`SJ~~~~ <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Dlrsetor <br />July 11, 1988 - <br />Mr. Tony Sarver <br />Southwest Enterprises <br />1163 East Second Avenue <br />Durango, Colorado 81301 <br />RE: La Plata Mine <br />FILE: C-87-072 <br />Dear Mr: Sarver: <br />The Division received your letter of July 5, 1988 concerning La Plata Coal <br />Corporation's lease of your surface property across the county road from their <br />La Plata Coal Mine in Hay Gulch: <br />We understand your desire to have the mine facilities on your property removed <br />if you are not receivinD lease payments from the company. The Division will <br />not be able to directly intervene at this time; however; since the Colorado <br />Surface Coal Mining Reclamation Act does not empower us with the authority to <br />adjudicate property rights disputes. <br />If La Plata Coal Corporation loses the right to enter and consequently does <br />not maintain the sediment pond and associated facilities as required by their <br />mining and reclamation permit, we would pursue enforcement action against <br />them. If the violations are not corrected within a specified period of time, <br />the Division would initiate legal proceedings which could lead to suspension <br />or revocation of the permit; forfeiture of the reclamation bond, and <br />ultimately, reclamation of the site. <br />215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866.3567 <br />