Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br />April 11, 2022 <br /> <br /> <br />Tim McCracken <br />Delta County <br />295 West 6th Street <br />Delta, CO 81416 <br /> <br /> <br />Re: Lemoine Gravel Pit - File No. M-1979-140 <br /> Delta County <br /> Surety Release Request Application (SL-1) <br /> Surety ReleaseNo. 1 (SL-1) requests the full and final release of 33.3 acres and <br />financial warranty. <br /> <br />Dear Tim McCracken: <br /> <br />On April 11, 2022 the Division of Reclamation, Mining and Safety considered your request for a <br />financial warranty release. The Division found that reclamation had not been accomplished at this <br />site and denied this request. At this time, from the observations made during the March 22, 2022 <br />Inspection, the Division cannot approve Delta County’s request for full and final release of the 33.3 <br />acres and financial warranty of the Lemoine Pit. The Division based this decision on the conditions <br />of the vegetation at the mine site. The vegetation needs additional time to mature and weed control <br />practices need to be implemented to control the knapweed onsite. The reclaimed slope on the <br />northern portion of the permit area needs to be reseeded with the approved seed mix. Consistent <br />vegetative cover on the slope must be established to meet the requirements of the reclamation plan. <br />Please review the March 22, 2022 inspection report for the specific reasons for the financial warranty <br />release denial. <br /> <br />In addition, if you have past due annual fees or unpaid civil penalties, your surety cannot be reduced <br />or released. <br /> <br />In accordance with Rule 1.4.11, any person who can demonstrate that they are directly and adversely <br />affected or aggrieved by an action of the Office, may petition for a hearing before the Board on such <br />action within thirty (30) days of the date of the Office decision, if the decision was a denial, without a <br />hearing. Such petitions for a hearing shall state how the petitioner is directly and adversely affected or <br />aggrieved by the Office’s decision, and how the petitioner’s interests are entitled to protection under <br />the Act. The petitioner shall list and explain any issue the petitioner believes should be considered by <br />the Board at the hearing on the matter. The petition for a hearing shall specify the application or file <br />number assigned by the Office. <br /> <br />If you have any questions, please contact me by telephone at (303) 866-3567 x 8185, or by email at <br />Clayton.wein@state.co.us. <br /> <br />Sincerely,