9/25/1985 - Laserfiche WebLink

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M W M Due to the impending expiration of the bond, the staff feels that some action must be taken to ensure that the County has adequate funds to restore the subject property to an acceptable condition. The subject bond is due to expire on October 1, 1985, and the mining operation has not been completed. ANALYSIS: In October 1984, subsequent to the required annual mining site inspection, the applicant was notified by certified mail of existing violations on the subject property, and he was notified that an active bond was required for full coverage protection until the mining process was complete, including restoration of the site. Subsequent conversations and letters have not resulted in a renewal of the continuation certificate for the bond, nor has restoration of the site occurred. It is staff's position that the applicant has not acted in good faith to comply with the County's Code of Laws and Ordinances by renewing his bond in an adequate time period before its expiration. The mining ordinance requires that performance bonds for completion of such projects remain active as a means of ensuring restoration of the site by the County, if neces- sary, using funds from the bond. Since the bond provides the funds for site restoration _ and -the bond is due to expire on October 1, 1985 without restoration having been completed, staff feels that the County should exercise its option and require forfeiture of the bond. These funds should then be used by the County to bring the subject mining operation into conformance with the approved site plan. RECOMMENDATION: Staff recommends to the Board of County Commissioners that the $10,000.00 bond be forfeited and that the County take the necessary actions to bring the subject mining operation into conformance with the County Code. Director Keating noted that a mining operator is required to keep a $10,000 bond in force to insure the area will be restored when mining is completed, and also has to renew his mining permit annually. This past year, when Dr. Fischer came to renew his mining permit, we had a hard time getting the bond renewed. It kept getting delayed for about six months. The bond now is due to expire October 1st, and staff just wanted to bring it to the Commission's attention before it expired. He continued that just last night, Dr. Fischer did get a one-year bond extension to us, but staff still will request that the bond be called if he does not proceed to get a valid mining permit showing he has adequate use of the property. Staff does want to go through the due process situation, and no action is needed at this time. 76 SEP 25 1985 BOOK FAa