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permit boundary. It is Mr. Schure's belief that existing disturbance <br /> in that area was caused by a prior permit holder, and he <br /> affirmatively states that he did not create the existing disturbance. <br /> 10. On March 17, 2017,the Division sent Operator a notice of inadequate <br /> response, stating in substance: <br /> Within your letter you committed to not mine the disputed area. <br /> Although the Division appreciates this commitment, it is in conflict <br /> with the conditions of the existing mining plan and fails to address <br /> the reclamation obligations of your permit. Therefore, the permit <br /> must be revised to alter the permit conditions accordingly. Please <br /> formalize the commitment into your permit through the Technical <br /> Revision(TR)process. Updated Mine Plan and Reclamation Plan <br /> Maps will need to be included within this TR. <br /> Although your commitment and associated TR may alleviate some <br /> of the concerns raised by the Complainant,it still does not <br /> sufficiently address the underlying issue of right to enter. It <br /> remains the Division's position your most recent letter still fails to <br /> demonstrate compliance with Rule 6.4.14 regarding legal right to <br /> enter for the affected lands located north of the 25-yard reserved <br /> area (approximately 2.89 acres in size). Compliance with the Rule <br /> will likely require further communications with the Complainant. <br /> You need to obtain and/or submit documentation to the Division on <br /> or before April 17, 2017, demonstrating compliance with Rule <br /> 6.4.14. Failure to comply may result in enforcement actions. If you <br /> determine to submit a TR, as discussed above, a legal right to enter <br /> agreement could be for"reclamation-only"purposes. <br /> 11. The Division received no documentation from Operator after the March <br /> 17, 2017 letter. Mr. Hayes noted at the August 23, 2017 hearing that there is no <br /> additional documentation beyond what had already been submitted to the Division. <br /> 12. On July 17, 2017,the Division mailed the Operator a Reason to Believe a <br /> Violation Exists letter, informing the Operator of the possible violation and providing <br /> details regarding a hearing on this matter scheduled for August 23, 2017. <br /> 13. Under Correction Deed dated June 17, 1948 ("Correction Deed"), Operator <br /> sold to Wayne and Chris Gentry 35.o1 acres of his property and only retained the sand <br /> and gravel rights on the 25-yard reserve area north of the southern boundary line of the <br /> property owned by Ms. Hradecky. The reservation in the Correction Deed stated, in <br /> relevant part: <br /> RESERVING unto Seller all mineral rights,with rights of access <br /> thereto. However, Seller reserves the sand and gravel rights only on <br /> Kym A. Schure <br /> M-1986-o74 <br /> MV-2017-046 3 <br />