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EPARTf~ OF NATURAL RESOURCES • III'lllllll~llll tll <br />D Monde Pascoe. E.runrve Dimcior <br />MINED LAND RECLAMATION DIVISION ~ <br />DAVID C. SHELTON Director <br />R ~c hard D Lamm <br />Governor <br />February 2, 1982 <br />P1rs. Bertha Poloell <br />Powell Construction Company <br />P.O. Box 179 <br />Fort Garland, Colorado 81133 <br />Re: Powell Construction Co. Pit <br />Our File No. 77-53 <br />Dear Mrs. Powell: <br /> <br />I received your letter requesting release of the existing 52,500.00 <br />compliance plan reclamation bond for the above-captioned operation. <br />Your company has been an operator of this pit for several years and, in <br />continuing to remove material from the pit, continues to be an operator <br />of a gravel mining operation under the terms of the Mined Land Reclamation <br />Act. Thus, until reclamation of the site has been completed under t1~e <br />conditions of a properly approved permit, Powell Construction Company's <br />responsibility for the reclamation of the site has not been discharged. <br />I have outlined the steps necessary in order to complete the permitting <br />process in my letter of September I7, I981. To date, your application <br />for this site was never properly completed and, thus, filed. Therefore, <br />no operations on this site have been officially permitted by our Board. <br />The existing bond can be released when a permit application has been <br />approved 6y our Board, a new bond amount has been set by the Board and <br />this bond has been received and approved by our Division. This is true <br />even if the permit will now be for essentially reclamation only. <br />I will expect to receive the necessary materials to complete your applica- <br />tion by March 15, 1982. Otherwise, I will plan to schedule your operation <br />for the March 24-25, 1982 meeting of the Mined Land Reclamation Board <br />for a possible violation and cease and desist order for mining without <br />a permit. Please be advised that the Board can level civil penalties <br />against you if it finds such a violation. <br />Please call me if you have any further questions in this matter. <br />Sincerely, <br />Mark S. Loye <br />Reclamation Specialist <br />A1SL/mmt <br />cc: Mr. John C. McClave <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 886-3567 <br />