2008-08-07_GENERAL DOCUMENTS - M1985023

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NO OPERATIONS IN 2006 In the Inspection Report, dated September 7, 2006, the inspector states, "The site does have intermittent operation status, and has not been active in some time." See exhibit G. NO OPERATIONS IN 2007 In response to Final Notice dated June 2, 2008, Mr. Hollenbeck states, "No new material was moved in 2007." See exhibit H. We have requested the public file on the Hollenbeck mine. In searching the files we uncovered no evidence that the mine had any operations in the last decade. No notice of temporary cessation has been filed with the Board. Under C.R.S. § 34-32.5-103(11)(b), an operator intending temporarily to cease production for 180 days or more is required to file "a notice with the board stating the reasons for nonproduction, a plan for the resumption of production, and the measures taken to comply with reclamation." No plan has been submitted and no due diligence measures have been taken to comply with reclamation as required under C.R.S. § 34-32.5-116(q)(1). As noted above and evidenced in the attached materials, no operations have taken place on the Hollenbeck mine in well over five years. Under C.R.S. § 34-32.5-103, if production has not been resumed within five years after the date production ended, the operator must file "a report with the board requesting an extension of the period of temporary cessation of production stating the reasons for the continuation of nonproduction and those factors necessary to, and the plans for, resumption of production." Finally, "in no case shall temporary cessation be continued for more than ten years without terminating the operation and fully complying with the reclamation requirements of this article." C.R.S. § 34-32.5-103 (11) (c) (emphasis supplied). In addition to Mr. Hollenbeck's own statements, the public file provides no evidence of the Hollenbeck mine operating for at least the last ten years. The operation must therefore be terminated, under C.R.S. § 34-32.5-103 (11) (c). Any further operations at this site would also be in violation of C.R.S. § 34-32.5-103 (11) (c). We therefore request the Board terminate Permit No. M-1985-023, and ordering reclamation of the site, for the following reasons: • failure to provide notice of temporary cessation, a plan for resumption of production, and the measures taken to comply with reclamation; • failure to file a report with the board requesting any extension of the temporary cessation that states the reasons for nonproduction and those factors necessary to and the plans for resumption of any production; • Failure fully to comply with the reclamation requirements of Article 34 after terminating operations for more than 10 years; and • Failure to pursue reclamation with due diligence.