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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
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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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the organization for access. <br />• On the question regarding the difference between "backfilling" and "re- <br />contouring": Backfilling is the act of filling in the pits with the removed material and <br />topsoil, which does not require much finesse. Re- contouring is more precise in that it <br />requires careful movement of the soil and other material to re -shape the disturbed <br />landscape back to as close to its original form and shape as possible, and to prepare it for <br />re- seeding. It may also require building in erosion controls. Re- contouring requires <br />considerably more thought and care, which is why more time is estimated for that portion <br />of the reclamation work. <br />• Private property: The buckets found and collected on your claim were considered <br />abandoned property and appropriately removed. The buckets had no material in them <br />when discovered. Although you own the minerals on your claim, the surface is publicly <br />owned and managed by the U.S. Forest Service. Any items left on public land are <br />considered abandoned property and if the owners are located they may be cited under 36 <br />CFR 261.10(e), "Abandoning any personal property" which comes with a fine of <br />$150.00. I am more than happy to return the buckets to you; however, I would caution <br />you that in the future, no items should be left behind on your claim outside of the active <br />mining season. <br />• Proprietary information: I appreciate your concern regarding the proprietary nature of <br />your operation and I want to assure you that not all information regarding yours or any <br />other mining operation is available to the public. <br />"Except as provided herein, all information and data submitted by an operator pursuant <br />to the regulations in this part shall be available for examination by the public at the <br />Office of the District Ranger in accordance with the provisions of 7 CFR 1.1 -1.6 and 36 <br />CFR 200.5- 200.10. Specifically identified information and data submitted by the <br />operator as confidential concerning trade secrets or privileged commercial or financial <br />information will not be available for public examination. Information and data to be <br />withheld from public examination may include, but is not limited to, known or estimated <br />outline of the mineral deposits and their location, attitude, extent, outcrops, and content, <br />and the known or planned location of exploration pits, drill holes, excavations pertaining <br />to location and entry pursuant to the United States mining laws, and other commercial <br />information which relates to competitive rights of the operator." 36 CFR 228.6 <br />The level of documentation and detail found in your inspection and letter are consistent <br />with past inspections completed on any of the mining operations on the South Park <br />Ranger District. Please be assured that yours and all other mining operator's proprietary <br />information is protected and will not be released to the public. <br />• Reclamation Performance Bond: Marcia Rose - Ritchie, Acting Minerals Administrator, <br />has been in communication with Tom Kaldenbach of DRMS who informed her that your <br />check for $3072.00 was cleared on 3/27/2013. Given that your bond has been paid, I am <br />prepared to authorize your Plan of Operations; however, you have not signed it on the <br />approval page, which is necessary for authorization. Below is a request for you to <br />contact me to arrange a meeting regarding your Plan of Operations. I would suggest that <br />
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