2013-04-25_ENFORCEMENT - P2009009

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