2012-02-22_ENFORCEMENT - M1996031 (2)

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2. In an effort to ensure the financial warranty remains adequate to reclaim this site per the requirements of the approved reclamation plan, the Division has updated the reclamation cost estimate. Based on the current conditions and inflation the estimated reclamation liability is now $23,961.00. This is an increase of $6146.00 from the 2002 estimate and current bond held of $17,815.00. Clearly, the site is currently under - bonded. Therefore, pursuant to Section 34- 32.5- 117(4) of the Colorado Land Reclamation Act, adequate financial warranty must be submitted to DRMS within 60 days of the mailing date of this notice. The due date for submission and acceptance of the new bond is March 5, 2012. West End Gravel Pit, M- 1994 -011: 1. West End Gravel must submit a technical revision (TR) to the reclamation plan for a noxious weed control program for the sites per Rule 3.1.10(6). The plan must be developed in conjunction with the Montrose Weed Control Authority. West End Gravel must submit to the Division the required TR and fee of $216.00 for the weed control plan by March 12, 2012. 2. In an effort to ensure the financial warranty remains adequate to reclaim this site per the requirements of the approved reclamation plan, the Division has updated the reclamation cost estimate. Based on the current conditions and inflation the estimated reclamation liability is now $87,062.00. This is an increase of $13,537.00 from the 2002 estimate and current bond held of $73,525.00. Clearly, the site is currently under - bonded. Therefore, pursuant to Section 34- 32.5- 117(4) of the Colorado Land Reclamation Act, adequate financial warranty must be submitted to DRMS within 60 days of the mailing date of this notice (enclosed). The due date for submission and acceptance of the new bond is April 23, 2012. Please note that if reclamation is completed by as West End indicates will occur the increase notice can be withdrawn. 3. On February 8, 2012 the Division requested a continuance of an enforcement hearing for failure to reclaim within 5 years. The Mined Land Reclamation Board approved the continuance until the May 910 board meeting. The continuance was requested to give West End Gravel time to complete reclamation of the site. If full reclamation is completed, including the seeding to establish a vegetative cover the Division will withdrawal the enforcement action. However, if West End fails to complete the reclamation by April 27, 2012 the Division will move forward with a request for finding a violation, civil penalties, and possible revocation of the permit. If West End Gravel fails to respond to the noted problems they may be turned into possible violations for failure to comply and scheduled before the Mined Land Reclamation Board for possible civil penalties and corrective actions. Your attention to these matters is required. Please note that the Division has instituted a policy that all information and requests for Board agenda changes must be submitted by operators to the Division two weeks prior to the noticed date of the hearing. If an operator fails to submit required information or a request for change to the scheduled agenda item by that date the matter most likely will require a hearing before the board. The operator can then submit the required information to the Board directly and have the opportunity to address the board in person. In the case of the pending enforcement action for the West End Gravel Pit, all reclamation must be completed and information submitted by April 23, 2011.