2023-09-13_REVISION - M2002068 - Laserfiche WebLink

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COLORADO Division of Reclamation, ® Mining and Safety Department of Natural Resources September 13, 2023 Attn: Rick Ensminger P.O. Box 276 Haxtun, CO 80731 Re: Change in Corrective Actions; Ensminger Pit No. M-2002-068; Check Return Notice On August 24, 2023, the Division received your check in the amount of $216. At that time, a Technical Revision was not received with the check. On August 28, 2023,the Division contacted Mr. Ensminger via phone and inquired about the Technical Revision that was assigned as a corrective action to an inspection problem cited in the Division's Inspection Report for the routine monitoring inspection of the Ensminger Pit M-2002-068 conducted on May 25, 2023. Mr. Ensminger stated that he interpreted the corrective action as requiring him to submit the $216 fee for the Technical Revision, and did not realize he also needed to file a Technical Revision form and narrative description of the required updates to the reclamation plan. The Division has revised the corrective actions for this site, and returned with this notice is the check sent to the Division. • Instead of filing a Technical Revision to update the reclamation plan, the Operator must topsoil and re-vegetate the pit floor in addition to the already approved plan for re-vegetating the side slopes.The pit floor must be seeded with the currently approved seed mixture. o A full and final release will not be granted by the Division unless, at a minimum,the pit is reclaimed in accordance with Rules 3.1.6 and 3.1.10 of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. • Rule 3.1.6 — Pursuant to this Rule, the Operator must be able to demonstrate that upon reclamation: • Measures have been implemented to protect the hydrologic balance. • Any impoundments created will not damage adjoining property or conflict with water pollution laws. • All surface areas of the affected land are stabilized and protected so as to effectively control erosion. • Rule 3.1.10 — Pursuant to this Rule, the Operator must be able to demonstrate that upon reclamation: • Land has been revegetated in such a way as to established diverse, effective, and long-lasting vegetative cover that is capable of self-regeneration without continued dependence on irrigation, soil Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 �wcF col0 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov �� O Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director * ) ( * *1876*