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MEMO TO GILBERT F. RIIdDAHL, Director, Reclamation Staff September 15, 1976 Page Three RE: SPECIFICATION AGGREGATES, IPIC, this 1974 bond requires the State to sue on the bond within two years after final payment date under a contract to reclaim the land was due. In July, 1975, the City of Golden Board of Adjust- ment required the operator to submit one hundred fifty thousand ($150,000) bond to the State to be administered by the State. A substitute bond for one hundred fifty thousand dollars ($150,000) was submitted to the Board in September, 1975. Again, this bond was not made retroactive. From a legal point of view, even if the Board has a one hundred fifty thousand dollar bond, a. bonding company could refuse to pay except .for reclamation to be done on areas mined from September, 1974,;~~e date of cancellation, up to the maximum limits of -the bond. I would suggest that there be a staff visit to the operations and determine what areas have been mined, but not reclaimed a.nd try to identify what has been mined but not reclaimed since October, 1974, and what amount of bond would be necessary to recls~im the land the company has agreed to reclaim, and then notify t:he opera- tor that the bonding coverage needs to be reconsidered, The amount of the bond might not have to be changed, but the bond sYiould clearly indicate that its coverage does include lands mined, but not reclaimed since April, 1971, This could be a serious concern because the file indicates that the most recent staff vi:;its in- dicated that no reclamation work had been begun, Bob just indicated that Specification Aggregates wishes t:o come in and convert. That would be an appropriate time to review the bond coverage and settle the above noted problems with the previous permit. ~~ ~ ~ ~~, Assistant Attorney General LO/em