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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />January 4, 2012 <br />Bob Sutherland <br />Sutherland Bros. Inc. <br />Nucla, CO 81424 <br />Dear Mr. Sutherland, <br />G. Russell Means <br />Environmental Protection Specialist <br />Office of <br />AA■nnrl I -,nrl Rorlan, -atinn <br />4e/ti <br />STATE OF COLORADO <br />RE ' 0 <br />JAN <br />Division of Reclanla:iun <br />Mining & Safety <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />Re: Weimer #2 Pit, Permit No. M- 1996 -031, Reclamation Update, and Notice of Surety Increase, SI -01. <br />John W. Hickeniooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Plneda <br />Director <br />The Division of Reclamation, Mining, and Safety (Division) has conducted a review of the reclamation liability for <br />the above referenced site. The last update was issued in 2002 when it was reduced when Sutherland Brothers <br />began reclamation. Therefore, the update reflects several years of inflation in multiple areas that should have <br />been avoided. The biggest areas of increase as you are aware are in fuel and seed costs. Please note that per <br />Rule 3.1.3 reclamation should have been completed on the site no later than 2007. Sutherlands may request an <br />additional 5 years from the Mined Land Reclamation Board which would be retro- active to 2007 which means <br />reclamation has to be completed by 2012. Based on the lack of vegetation and noxious weeds this obviously <br />cannot occur. If significant progress is not made towards final reclamation or reactivation within the next two <br />years the Division may consider enforcement action. <br />In an effort to ensure the financial warranty remains adequate to reclaim this site per the requirements of the <br />approved reclamation plan, the Division has updated the reclamation cost estimate (copy enclosed). Based on <br />the current conditions and inflation the estimated reclamation liability is now $23,961.00. This is an increase of <br />$6146.00 from the 2002 estimate and current bond held of $17,815.00. Clearly, the site is currently under - <br />bonded. Therefore, pursuant to Section 34- 32.5- 117(4) of the Colorado Land Reclamation Act, adequate <br />financial warranty must be submitted to DRMS within 60 days of the mailing date of this notice. The due date <br />for submission and acceptance is March 5, 2012. <br />If you need additional information, please contact me at the Division of Reclamation, Mining, and Safety, Grand <br />Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. 970.241.1117. <br />Office of <br />rinnvnr • (:rand Innrtinn • rinranan Artivn and Inarti„o AAinnc <br />