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t~ ~ C ~ ~~ ~ 9 - 3 c ~~~ ~~~~~~~~~~~~~ ~~~ 1a~~- United States Department of the Interior " BUREAU OF LAND MANAGED7ENT ROYAL GORGERESOURCEAREA P O. BOX °_200 CANON CITY, COLORADO B1 Y15~??00 May 19, 1991 Certified Mail No. P 669 090 185 Return Receipt Requested U.S. Soil Coltditiotting Co. Joseph E. Liouelle P.O. Box 1037 Salida, CO 81201 ~~ .~~ ~~ ~ ~ s ^ REC~~IVED NOTICE OF NONCOMPLIANCE Section 18&19, T.99N., R Fremalt County, Colorado Dear Sirs: MAY ] 6 1991 Mined Land Reclamation Division 10E. , Nh;PM The regulations in 93 CFR 3809.1-9 provide that a Plan of Operations (Plan) shall be submitted and approved prior to conducting any surface disturbing activities of 5 acres of more on public lands under rite jurisdiction of rile Bureau of Land Management (BLPU. It has come to our attention that current and previous operations at the mitre and mill operated by your firm at the above identified location involves disturbance of the public lands in excess of 5 acres and is therefore in noncompliance with the requirements of 43 CFR 3809.1-4. In order to correct this situation a Plan with rite minimum information requirements as identified in 93 CFR 3809.1-5(c) must be submitted to this office within 15 days from receipt of the notice. Alternatively, the submission requirement may be met by providing within the 15 days identified a complete copy of your mine and mill plait as approved by rite Colorado Mined Land Reclamation llivision (CMLRD). Itt addition to the above requirement it ]tas been observed that a significant number of barrels contaittittg solvents of a potentially hazardous nature are present on the public lands involved with your operations. These solvents are currently improperly stored resulting in rile potential for accidental discharge attd rite creation of a public hazard. T11is situation is in direct conflict with rile requirements of 93 CFR 3809.2-2 attd 3809.3-5, and requires the removal or proper storage and handling of these materials to be completed within 15 days from receipt of this notice. It is imperative t}tat you contact this office prior to the movement of this material in order to assure adequate protective measures are instituted in the removal or storage of these substances. Failure to comply with the identified requirements and timeframes will constitute the establishment of a record of noncompliance. the establishment of such a record will require rite submission of a plan of operations and mandatory bonding far activities that could normally be conducted wider a Notice of Intent. The continued failure to comply with the identified requirements may result in administrative and/or civil action designed to recover all reclamation and administrative costs.