ENFORCE24652

• Permit No: M1999024
• IBM Index Class Name: Enforcement
• Doc Date: 5/23/2000
• Doc Name: SAN ACACIO PIT NOV
• From: STATE OF COLO DEPT OF LAW
• To: MARTIN GONZALES
• Media Type: D
• Archive: No

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KEN SALA2,4R
Attorney General
BARBA R4 MCDONNELL
Chief Deputy Attorney General
AL:\~ J. CILBERT
Solicitor General
STATE OF COLORADO
DEPARTb4ENT OF LAW
OFFICE OF TUE ATTORNEI' (~, ENER\L
May 23, 2000
Martin Gonzales
91 ~ 4th Street
P.O. Box 1616
Alamosa, CO 81101
RE: San Acacio pit -notice of violation
Dear Mr. Gonzales:

STATE SERVICES BUILDING
1525 Shetman Street - 5th Floor
Denver, Colorado 80?03
Phone [phone]
FAX [phone]
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.4s you are aware, on December 27, 1999, the Division of Minerals and Geology issued notice
that it had reason to believe that your client, Costilla County, had violated Section 34-32.5-
116(4)(I), C.R.S. for mining outside its permit area. This matter was initially scheduled for
hearing in January and yeas continued to Febnlary, 2000. At the February Board hearing, upon
your request, the Mined Land Reclamation Board continued this matter until May, 2000.
Prior to and at February's hearing, I requested that your client subtnit notarized documents which
specitied that the owner of record of the area disturbed by the county (Charles Shows) had no
objection to the county's mining and reclamation of that land and also waived the required notice
of the county's permit application to him. I did not receive any documents from you or your
client until the day before the Board's May, 2000 hearing.
The document yott faxed to the Division is an unsigned affidavit. By telephone, you have
informed me that you are making efforts to get Mr. Shows' signature tluough his attorney Bruce
Meyers. In order for this affidavit to satisfy the Division in this matter, please submit Exhibit A
referenced in the deed to Mr. Shoves' ]and. In addition, please make the following changes to the
affidavit:
(1) Sentence 5, keep sentence one: amend second sentence as follows: "I am specifically
aware of the December 27, 1999 letter by Michael B. Long, Director of the Division
of Minerals and Geology, to Costilla County which outlines these activities and states
that the Division has reason to believe that such activities are in violation of § 34-
32.5-116(4)(1), C.R.S, for mining outside the county's permit area.