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<br />warranty. [f the Division approves the new plan, the cost of importing topsoil can be eliminated. <br />However, the cost of importing "moisture-retaining soil" and the cost of screening and blending <br />"the fine soil-element existing a[ the permit area" must be included in the bond. <br />The Division believes that your request for an extension of the due date for submittal of <br />additional financial warranty should be contingent upon 1) the submittal of an interim bond and <br />2) the submittal of a technical revision (assuming you want to revise the reclamation plan). As <br />you recall, the Division sent you a letter on November 17, 1998 informing you that the financial <br />warranty needed to be increased to $56,130.00 to assure there are sufficient funds to fulfill the <br />requirements of the approved reclamation plan. You were allowed 30 days to review the cost <br />estimates and challenge those that you could verify were too high. On December 7, 1998 the <br />Division received a letter from you requesting a 30 day extension of the response date. Since [ <br />was out of the office (due to various illnesses) the Division granted you additional time to review <br />and dispute the Division's cost estimates for reclamation. The new date to respond to my <br />November letter was set for January 18, 1999. On January 25, 1999, the Division received a <br />second request for an extension of the response date; to expire on May 31, 1999 due to severe <br />winter conditions. On January 28, 1999, Mr. James Stevens, Senior Environmental Protection <br />Specialist, approved the new extension date (since I was still on sick leave) in order to allow the <br />Division time to re-inspect the site. Specifically, Mr. Stevens was under the impression that <br />Butala can demonstrate that there is enough topsoil available at the site to remove importation of <br />topsoil requirements from the permit (via a technical revision), thereby reducing the financial <br />warranty. On May 14, 1999, Butala submitted a letter stating that the inspection schedule (set For <br />May 3l, 1999) needs to be revised because the site is inaccessible due to recent heavy snow fall. <br />The Division agreed after seeing photos of the area. <br />The site was finally inspected on September 29, 1999. Sufficient topsoil was not observed on site <br />during the inspection so a financial warranty increase letter was sent out on October 21, 1999. <br />The operator is required to submit additional warranty, in the amount of $51,130.00, to the <br />Division by December 20, 1999 in accordance with Rule 4.2.1 (or submit a new bond in the <br />amount of $56,130.00). <br />Obviously, this has been an ongoing problem (since November, 1998) which needs to be <br />resolved. You now have asked for an additional 8 month extension to submit the financial <br />warranty increase (your letter dated December 7, 1494). Currently, the site is under bonded. <br />Additional funds need to be provided to cover final reclamation costs. In order to assure there are <br />sufficient reclamation funds, the Division will require the submittal of an interim bond by <br />January 19, 2000 in the amount of $36,000.00 (this amounts to the total bond requirement, <br />$56,130.00, minus topsoil importation costs, plus the estimated cost of importing moisture- <br />retaining soil, plus the estimated cost of screening and blending the fine soil-element existing at <br />the permit area); which is an increase of $31,000.00 in the existing $5,000.00 financial warranty. <br />In addition, Butala must submit a technical revision to revise the reclamaton plan in order to <br />incorporate the "moisture-retaining soil" and "the fine soil-element existing a[ the permit azea" <br />and, also, el'sminating the requirement to import topsoil. The TR must contain sufficient evidence <br />to demonstrate that the materials you intend to substitute for topsoil (moisture-retaining soil etc) <br />will provide sufficient nutrients to allow a diverse and self-sustaining vegetative growth to occur. <br />