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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources (?1 ?C <br />1313 Sherman St., Room 215 <br />D O L O FR N D O <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br /> <br /> Bill Ritter, Jr. <br /> Governor <br /> OCT 0 5 2009 Harris D. Sherman <br /> Executive Director <br /> Division of "clamatlon, <br /> Mining and Safety Ronald W. Catt <br /> Division Director <br />or <br /> Memo Natural Resource Trustee <br />October 5, 2009 <br />To: Mined Land Reclamation Board <br />From: Division of Reclamation Mining and Safety Staff <br />M- i q ?q- c?5? <br />Dear Board Members, <br />Colorado Stone Quarries, Inc. (Operator) is requesting an extension of the compliance date for Notice of <br />Violation,MV-2009-023 corrective actions No. 2 and No. 3. The current corrective action due date is <br />October 19, 2009. The primary concern is that, due to seasonal change and the site location, permanent <br />measures may not be able to be constructed prior to snow cover. <br />After considering testimony in a Formal Hearing held August 12, 2009, the Mined Land Reclamation <br />Board (Board) found the Operator in violation for failure to protect the prevailing hydrological balance. <br />The Board Order, signed on September 4, 2009 specified: <br />o The Operator must post an interim bond increase of $15,000.00 and pay a $4,600 civil <br />penalty within 30 days (October 5, 2009) of the signature date of the Board Order. <br />o The Operator must provide all materials necessary to allow Division approval of a Technical <br />Revision to the reclamation permit within 45 days (October 19, 2009) of the signature of the <br />Board Order addressing a sedimentation control plan that includes structural designs, <br />construction details, a schedule of compliance and if necessary engineer certifications for <br />designs, including as-built drawings. <br />Colorado Stone timely paid the $4,600.00 civil penalty and posted the $15,000.00 interim bond increase <br />as required. <br />The operator appears to be diligently working to address the corrective actions. Therefore, the Division <br />has no objection to an extension of the corrective action due dates (originally set for October 19, 2009) <br />providing Colorado Stone adheres to the Cease and Desist Order issued September 4, 2009 and properly <br />monitors and maintains the temporary measures installed to minimize off-site and hydrologic impacts <br />due to mining operations, until the permanent controls can be implemented. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines