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NOW, THEREFORE, the Permittee hereby promises the Board that <br /> it will comply with all applicable requirements of the Act and rules <br /> and regulations of the Board with respect to the Affected Lands. <br /> FURTHER,the Permittee hereby promises the Board that it will <br /> comply with all of the terms of the application for a permit, as <br /> amended and supplemented, as well as any conditions attached to <br /> the permit by the Board. <br /> 5. On September 27, 2016, the Division received a complaint from an <br /> attorney representing Deborah Hradecky("Ms. Hradecky"), a surface owner of a portion <br /> of the affected land, alleging that Operator did not have a legal right to enter the site. <br /> Mrs. Hradecky had not previously raised this objection during the permit conversion <br /> process. <br /> 6. On October 31, 2o16,the Division forwarded the complaint to Operator <br /> and requested that Operator,by November 30,2016, demonstrate his legal right to enter <br /> Ms. Hradecky's property. <br /> 7. On November 30, 2016, the Division received a written response to the <br /> complaint from Christopher Hayes for Operator, dated November 29, 2016. <br /> 8. On January 4, 2017,the Division sent Operator a notice of inadequate <br /> response, stating in part: <br /> The Division has reviewed your[November 29, 20161 response and <br /> has determined that it does not demonstrate the site is in compliance <br /> with Rule 6.4.14. The Correction Deed, attached with the response, <br /> shows that you reserved the mineral rights and the access thereto. <br /> However, the sand and gravel rights are limited only on the 25 yards <br /> north of the entire southern boundary line. This deed demonstrates <br /> you are in compliance with Rule 6.4.14 for the affected lands within <br /> the 25 yards north of the property boundary, but not in compliance <br /> on the approximately 70 yards of affected lands north.Additionally, <br /> the letter provided in the response from Robert and Deborah <br /> Hradecky,dated September 14, 2012, does not comply with the <br /> requirements of Rule 6.4.14 because it is not current with respect to <br /> ownership and it is not in regard to Permit No. M-1986-o74. <br /> 9. On February 3, 2017,the Division received a letter from Christopher <br /> Hayes, dated February 2, 2017, on behalf of Operator, stating in part: <br /> In your most recent letter,you deny that Mr. Schure's response <br /> provided evidence of his legal right to enter the permitted area <br /> north of the 25 yard reserved area. While Mr. Schure does not <br /> agree with your conclusion,he has authorized me to inform DRMS <br /> that he will commit to not mine that area, although it is within his <br /> Kym A. Schure <br /> M-1986-o74 <br /> MV-2017-046 2 <br />