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Due to the impending cancellation of the bond, staff feels <br />that some action must be taken to ensure that the County has <br />adequate funds to restore the subject property to an accept- <br />able condition. The subject bond is due to be cancelled on <br />February 23, 1986, and the mining operation has not been <br />completed. / <br />ANALYSIS: <br />On January 24, 1986, the applicant was notified that the <br />County would need continued bond coverage for his mining <br />operation effective through completion of the project. <br />Subsequent conversations have not resulted in renewal of a <br />bond, nor has restoration of the site occurred. <br />- It is staff's position that the applicant has not acted in <br />good faith to comply with the County's Code of Laws and <br />Ordinances by renewing his bond in an adequate time prior to <br />cancellation of his present bond. The mining ordinance <br />requires that performance bonds for completion of such <br />projects remain active as a means of ensuring restoration of <br />the site by the County, if necessary, using funds from the <br />bond. Since the bond provides the funds for site restora- <br />tion and the bond is due to be cancelled on February 23, <br />1986 without restoration having been completed, staff feels <br />that the County should exercise its option and require <br />forfeiture of the bond. These funds could then be used by <br />the County to bring the subject mining operation into <br />conformance with the approved site plan. <br />RECOMMENDATION: <br />Staff recommends to the Board of County Commissioners that <br />the $10,000.00 bond be forfeited, and the County take the <br />necessary actions to bring the subject mining operation into <br />conformance with the County's Code. <br />Director Keating explained that the bond is due to expire on <br />March 15, 1986 and no arrangements have been made to extend it. <br />As a matter of fact, their insurance agent has notified them that <br />they no longer issue those bonds. <br />Betty Davis of Code Enforcement reported that they have <br />notified h'im by certified mail and she had talked with them this <br />morning. <br />49 <br />BOOKFA'cF 6 <br />FEB 19 1986 <br />