Laserfiche WebLink
Law Offices of <br />Luke J. Danielson <br />Attorneys at Law <br />Luke J. Danielson <br />luke@ldanielsonlaw.com <br />Julie N. Richards <br />julie@ldanielsonlaw.com <br />Mr. Ron Cattany <br />Director <br />Colorado Division of Reclamation, Mining & Safety <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />BY EXPRESS <br />August 6, 2008 <br />108 West Tomichi Avenue, Suite D Gunnison, Colorado 81230 USA <br />(970) 641-4605 fax (970) 641-4439 <br />PETITION FOR DECLARATORY ORDER <br />Dear Ron, and Members of the Mined Land Reclamation Board: <br />Iukeoldanielsonlaw.com <br />k <br />CAI <br />sl, 40k <br />We represent Scott Yates. Mr. Yates owns property directly adjacent to the land affected under the <br />permit. Contrary to statutory provisions, this nonoperational mine has been allowed sit without <br />reclamation taking place for years. It seems very clear that there have been no operations for over ten <br />years. <br />The pit has a 1985 limited impact operations permit. The application for this permit estimated the life of <br />the mine at 10 years. Since the application, the reclamation plan has been expanded several times, <br />requiring the posting of higher financial warranties; however, no reclamation activity has ever seemed <br />to take place. <br />There have been numerous technical violations and administrative problems in connection with this <br />permit, the latest of which is the Division's Final Notice letter, dated June 2, 2008, informing the <br />operator that a Notice of Violation and Cease and Desist Order would issue if the annual report was not. <br />filed and the fee not paid. <br />Last year, there was a problem with boundary markers. On July 25, 2007, state inspector Steve Shuey <br />stated: <br />RECEIVED <br />AUG 0 7 2000 <br />Division of Reclamation, <br />Mining and Safety <br />RE: Hollenbeck Pit; Gunnison County; Permit M-1985-023 <br />RECYCLED PAPER