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<br />component requires statements of penalties for non-compliance. The fourth component requires <br />itemization of the legal avenues pursuable to provide enforcement.,. While the existing proposal has <br />a fair amount of detail regarding part of one of the components (the recovery plan) there is little or <br />no discussion of the remaining components. There is a need for the other components. There is <br />also the need for claritications and precision in the existing recovery plan. Finally there is a need to <br />include commitments for day to day operations. This process is necessary because without precise <br />I:nowledge of what is supposed to happen it is not possible to determine the financial provisions <br />necessary to handle a failing business plan." (David 8- Janet Bradley- October 23, /998) <br />DMG Response: <br />• The applicant has provided the Division with a mining and reclamation plan that meets the <br />minimum requirements of the Construction Material Rules and Regulations oY the Colorado <br />Mined Land Reclamation Board and the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials. The applicant is required to post a performance warranty and a <br />financial warranty in the amount of $80,000.00 prior to mining to ensure reclamation of the site <br />is performed in accordance with the Rules and the approved permit. <br />• Under Rule 3.2, The Board or Office may enter upon the land of the Operator at all reasonable <br />times for the purpose of inspection to determine whether the provisions of the Act and Rules <br />have been complied with. A citizen may also inform the Division of a possible violation of the <br />permit or the Rules in the form of a written letter or FAX. The Division will inspect the site <br />within 30-days of a citizen complaint letter. <br />• Under Rule 3.3, The Division is required to promptly report to the Board any possible violation <br />of a permit. If the Boazd determines that a violation of the provisions of a permit, the Act, or <br />the rules has occurred, the Board will assess a Civil Penalty of not less than one hundred dollars <br />($100.00) per day nor more than one thousand ($1,000,00) per day for each day the violation <br />occurs. <br />• The Mined Land Reclamation Board has the authority to issue violations and assess civil <br />penalties. <br />ISSUES RAISED DURING THE INITIAL COMMENT PERIOD THAT THE DIVISION BELIEVES <br />ARE NOT WITHIN THE 7URISD[CTION OF THE DIVISION OR BOARD <br />I. The statement regarding the topsoil "is inconsistent with the requirement of the Special Use <br />Permit (SUP) approved by the Routt County Board of Commissioners that reclamation be <br />performed on each successive 6 acres." (Diane & Thane.9nderson, September 21. 1998) <br />2. The use of the word overburden "is inconsistent with the application for the SUP submitted, <br />that states that some of the overburden will be sold." (Drone & Thane Anderson, September <br />21, 1998) <br />6 <br />