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2013-04-25_ENFORCEMENT - P2009009
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2013-04-25_ENFORCEMENT - P2009009
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Last modified
8/24/2016 5:19:49 PM
Creation date
4/30/2013 7:13:16 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
P2009009
IBM Index Class Name
ENFORCEMENT
Doc Date
4/25/2013
Doc Name
Appeal and Stay of Decision
From
USDA-Forest Service
To
Atomic Perfection, Inc.
Email Name
TAK
Media Type
D
Archive
No
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J <br />United States <br />Department of - <br />USDA Agriculture <br />Forest <br />Service <br />Mike Wild and Aaron Smith <br />Owner /Operator <br />A.p Atomic Perfection, Inc. <br />P.O. Box 341 <br />Lake George, CO 80827 <br />USDA <br />i <br />Mr. Wild and Aaron Smith, <br />Pike and San Isabel <br />National Forests <br />Cimarron and Comanche <br />National Grasslands <br />RECEIVED <br />APR 2 5 2013 <br />DIVISION OF RECLAMATION <br />MININGAND SAFETY <br />Caring for the Land and Serving the People <br />South Park Ranger District <br />P. O. Box 219 <br />320 Highway 285 <br />Fairplay, CO 80440 <br />(719) 836-2031 <br />Fax (719) 836-3875 <br />www.fs.usda.gov /psicc <br />File Code: 2810 <br />Date: April 24, 2013 <br />CERTIFIED MAIL — RETURN <br />RECEIPT REQUESTED <br />NUMBER: <br />I received your appeal and Stay of Decision dated March 3, 2013 and received on March 11, <br />2013 regarding the letter of noncompliance sent to you on February 8, 2013. Several attempts <br />have been made by Marcia Rose - Ritchie to contact you (and one attempt by you to contact her) <br />to discuss your letter; however, it appears your schedules aren't working, so the following is a <br />written response to your appeal, as well as your questions and concerns: <br />• Operating outside the proposed area of disturbance: At this time, I will not require a <br />modification to your Plan of Operations and a recalculation of your bond because your <br />actual disturbance is within the calculated amount for the bond. Your bond was <br />calculated based upon four (4) 40'x40' pits with a total of 2420 cubic yards of material <br />and/or no more than .5 acres of surface disturbance (this includes the surface covered by <br />backfill and topsoil piles, as well as the other open prospecting pits from your previous <br />activities). If, as you indicate, you plan on mining beyond that scope, you will then need <br />to submit a modification to your Plan of Operations so that the bond may be recalculated. <br />All Plans of Operation, modifications and bonds must be submitted and paid BEFORE <br />the Plan of Operations may be authorized and BEFORE mining may commence. <br />Failure to do so will result in a Violation as per 36 CFR 261.10(p) "Use of occupancy of <br />National Forest System lands or facilities without an approved operating plan when such <br />authorization is required." <br />• Safety fencing and signing: In the Plan of Operations you submitted November 22, <br />2009, you stated that, "Protective fencing around active pits will be present." I appreciate <br />that you attempted to fence the pits within the timeframe stipulated in my letter sent to <br />you in February 2013; however, the pits should have been fenced every day after you <br />were done with each pit, and should have been fenced or backfilled after you were done <br />for the season. Please make every effort to access your claim so that the fencing and <br />signing may be done as soon as possible. There is no particular depth in which a pit is <br />considered a hazard worthy of fencing and signing. Rather, if there is a pit, it is <br />considered a hazard and must be fenced and signed. <br />• Access through Sportsmen's Paradise: The Forest Service does not have access <br />through Sportsmen's Paradise except under very specific circumstances and for a short <br />duration, so we are unable to provide a key to you. You will have to work directly with <br />111111F Printed on Recycled Paper <br />
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