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BEFORE THE DIVISION OF RECLAMATION, MINING, AND SAFETY <br />STATE OF COLORADO <br />APPLICATION FOR TECHNICAL REVISION <br />DOLLERSCHELL PIT <br />PERMIT M-1986-074 <br />To the Division of Reclamation, Mining, and Safety: <br />This law firm represents Kym Schure ("Permittee"), who holds DRMS mining permit number <br />M-1986-074. Mr. Schure submits this Application for Technical Revision to the existing <br />approved permit pursuant to Rule 1.9.1, to revise and further define the areas in which mining <br />activities will be permitted, and the areas in which reclamation activities only will be permitted. <br />The existing Mining Plan for M-1986-074 is incorporated into this Technical Revision. <br />Permittee petitioned for and obtained a conversion of the former 110c permit (Number M-1986- <br />074) to a 112c permit (Number M -I986-074) on November 19, 2015. On October 31, 2016, <br />nearly a year after the proceeding in which DRMS approved the conversion, Permittee was <br />informed that his legal right to enter a portion of the permit area had been challenged by <br />Deborah Hradecky (now Clark), who owns a portion of the permit area (the "Subject Area"). <br />Ms. Hradecky had written a letter on September 27, 2016, asserting that Mr. Schure's legal right <br />to enter was invalid. The Subject Area is labeled as "Tract 6 Reclamation Only" and "Schure <br />Reservation" in the attached Exhibit 1. <br />When Permit Number M-1986-074 was converted to the present 112(c) status, the Mined Land <br />Reclamation Board found that the applicant had satisfied the requirement to show legal access to <br />the site. Ms. Clark (as Mrs. Hradecky) participated in that hearing. In a letter dated September <br />14, 2012, Ms. Clark had acknowledged that Mr. Schure has legal access to the Subject Lands. A <br />copy of that letter is attached as Exhibit 2 for convenient reference. Ms. Clark has since alleged, <br />in her September 27, 2016 letter, that she did not grant consent to mining on the site. Mr. <br />Schure, through counsel, disputed Ms. Clark's allegations, but he has also sought on numerous <br />occasions since then to reach a mutually acceptable agreement that would clarify the right to <br />enter and remedy the alleged deficiency. <br />Mr. Schure has not mined the Subject Area. The Subject Area was previously mined, and has <br />had some reclamation work done on it, by a previous operator. The Subject Area has been <br />contoured and seeded. Although permit M-1986-074 provides that Tract 6 maybe mined and <br />reclaimed, Mr. Schure has committed to the DRMS to reclaim the Subject Area without mining <br />it. <br />Following discussion with the Division of Reclamation, Mining, and Safety, Mr. Schure by this <br />Technical Revision confirms that, following approval of this Technical Revision, the mining <br />plan for Permit Number M-1986-074 will not include proposed mining activity on the Subject <br />Area. This Technical Revision, when approved, will make it a matter of public record that the <br />