2008-08-07_GENERAL DOCUMENTS - M1985022

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08/07/2008 15:11 Law Office of Luke J Danielson (FAX)970 641 4439 P.005/1JU6 NO OPERATIONS IN 2006 i 'The site does have In the Inspection Report, dated September 7, 2006, the inspector states, intermlttentoperationscatus, and has not been active in som II time." See exhibit G. i NO ()PERAIJONS IN 2007 In response 'to Final Notice dated June 2, 2008, Mr. Hallenbeck states, "No new material was moved in 2007." See exhibit H. j We have requested the public file on the Hallenbeck 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 BoalIrd. 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 the with the board stating the reasons for nonproduction, a plan for the resumption of production, 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 Hallenbeck 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 mustfiie "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. Holfenbeck's i wn 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 ooerations at this site would also be in violation of C:R.5. § 34-32.5-103 (i11) (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 anyiextension 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 at Article 34 after terminating operations for more than 10 years; and Failure to pursue reclamation with due diligence.