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5. On June 2, 2015, members of my staff, Tim and I met on-site with you, an Environmental <br />Protection Agency (EPA) representative, Ken Champagne, as well as your consultants, <br />Kent Crofts and Paul Currier, to discuss rehabilitation of the disturbed lands. We <br />discussed several options relative to curing the trespasses on both public and private land. <br />6. However, it was discovered that a new bridge had been installed by you across a newly <br />rerouted section of Vermillion Creek below the haystack yard on public land after the <br />order to cease and desist had been issued as well as the removal of dirt used to fill the <br />old route of Vermillion Creek. Therefore, you are in willful trespass, having been <br />notified previously to cease and desist by letter and by me from any further actions on <br />public lands. <br />To correct this trespass, the following must be complied with: <br />• Restoration of Vermillion Creek to the original route on public land consistent with the <br />restoration plan approved by EPA and U.S. Army Corps; <br />• Removal of the bridge and restoration of the 2 -track road on public land <br />• Replacement of a BLM cadastral monument marker <br />• Control of noxious weeds will be required through successful vegetation establishment <br />and/or herbicide application. You are responsible to insure compliance with all local, <br />state, and federal laws and regulations, as well as labeling directions specific to the use of <br />any given herbicide. <br />• A Pesticide Use Proposal (PUP) will be approved prior to application of herbicides <br />and/or other pesticides on Federal surface; contact the Little Snake Field Office to obtain <br />a PUP form to request this authorization. Submit the PUP two (2) months in advance of <br />planned application. In the event you elect to apply herbicide or other pesticide as <br />described and authorized on the approved PUP, you must report this use within 24 hours <br />on the BLM form titled Pesticide Application Record. <br />• Payment for fair market value rent of public lands; and <br />• Payment of administrative costs incurred by the BLM as a consequence of your actions. <br />The removal of dirt and gravel use for fill is under the jurisdiction of another agency, Colorado <br />Department of Reclamation, Mining and Safety, who will contact you regarding their permitting <br />requirements. <br />