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THE HAYES LAW FIRM LLC <br /> RECEIVED <br /> Elliott R. Russell Y�a eMcj`� <br /> Environmental Protection Specialist FEB 0 3 2017 <br /> Colorado Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street Room 215 OF RECIAMATiON <br /> W <br /> Denver, CO 80203 <br /> February 2, 2017 <br /> Via hand delivery and email at: Elliott.russell@state.co.us <br /> Re: Response to your letter of January 04, 2017; Permit File No. M-1986-074 <br /> Dear Mr. Russell: <br /> This letter is being sent on behalf of Mr. Kym Schure, in response to your letter of January 4, <br /> 2017. That was your response to Mr. Scure's letter providing information as to the source of his <br /> right to enter the permitted area. In your most recent letter, you deny that Mr. Schure's response <br /> provided evidence of his legal right to enter the permitted area north of the 25 yard reserved <br /> area. While Mr. Schure does not agree with your conclusion, he has authorized me to inform <br /> DRMS that he will commit to not mine that area, although it is within his permit boundary. It is <br /> Mr. Schure's belief that existing disturbance in that area was caused by a prior permit holder, and <br /> he affirmatively states that he did not create the existing disturbance. <br /> Mr. Fugate and I discussed this matter on January 9, and I was able to assure Mr. Fugate that Mr. <br /> Schure does not intend to mine the disputed area under the current state of permit. His permit <br /> has a requirement that he include that area in his reclamation plan. He intends to comply with his <br /> permit and reclaim the area as part of final reclamation, after DRMS has ratified his right to <br /> enter. He remains open to the DRMS's suggestion concerning how he can comply with the <br /> reclamation requirement in the absence of the Division's approval of his right to enter the area. <br /> 1580 LINCOLN STREET, SUITE 1280 DENVER, CO 80203 <br /> 303.860.1800 TEL 720.484.3730 FAX I CHAYES(�HAYESLAWFIRMLLC.COM <br />