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AUG-08-2008 08:07AM FROM-DIU RECLAMATION MINING & SAFETY +3038328106 T-230 P.006/007 F-111 <br />NO pP .R,A71ONS IN 2006 i <br />dated September 7, 2005, the inspe for states, 'The site does have <br />in the Inspection deport, <br />intermittent operation status, and has not:been active in some time."See exhibit G. <br />i <br />NO 113PERA11ONS IN 2007 <br />In response to Final Notice dated June 2, 2008, Mr. Hollen4eclc states, "No new material was moved in <br />2oo7." See exhibit H. I <br />We have requested the public file on the Hollenbeck mine. Iri searching the files we uncovered no <br />evidence that the mine hod any operations in the lost decade. <br />No notice of temporary cessation has been filed with the Board. Under C.R.S. 34-32.5-103(11)(h), an <br />operator intending temporaryl to cease production for 180 days or more is required to file "a notice <br />with the board stating the reasons for nonpraduction, a plan for the resumption of production, and the <br />measures taken to comply with reclamation." No plan has be I ensubmitted and no due diligence <br />measures have been taken to comply with reclamation as rewired under C.R.S. § 34-32.5-116(q)(1). <br />AS noted above and evidenced in the attached materials, no operations have taken place on the <br />Hallenbeck mine in well over five yea r5. Under C:R.S. § 34-32i.5-103, if production has not been resumed <br />within fiv ears after the date production ended, the operator mustfile "a report with the board <br />requesting an extension of the period of temporary cessation lof production stating the reasons for the <br />continuation of nonproduction and those factors necessary to, and the plops for, resumption of <br />production." <br />Finally, "in no case shall temporary cessation be continued fo i more than ten years without terminating <br />the operation and fully complying with the reclamation requirements of this article." C.R.S. § 34-32.5-103 <br />(11) (c) (emphasis supplled). In addition to Mr. Hollenbeck's i wn statements, the public file provides no <br />evidence of the Hallenbeck mine operating for at least the last ten years. <br />The operation must therefore be terminated, under C.R.S. § 34-32.5-103 (11) (c). Anv Further oo rations <br />at this site would also be in violation of C;R.S, § 34-32.5-103 (ill) (c). <br />We therefore request the Board terminate Permit No. M-1905-023, and ordering reclamation of the <br />site, for the following reasons: <br />• failure to provide notice of temporary cessation, a- plan for resumption of production, and the <br />measures taken to comply with reclamation; i <br />• failure to file a report with the board requesting anylextension of the temporary cessation that <br />states the reasons for nonproduction and those factors necessary to and the plans for <br />resumption of any production; <br />Failure fully to comply with the reclamation requirements of Article 34 after terminating <br />operations for more than 10 years; and <br />• Failure to pursue reclamation with due diligence_