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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 <br />DRMS that he will commit to not mine that area, although it is <br />within his permit boundary. It is Mr. Schure's belief that <br />existing disturbance in that area was caused by a prior permit <br />holder, and he affirmatively states that he did not create the <br />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 <br />conflict with the conditions of the existing mining plan and fails <br />to address the reclamation obligations of your permit. <br />Therefore, the permit must be revised to alter the permit <br />conditions accordingly. Please formalize the commitment into <br />your permit through the Technical Revision (TR) process. <br />Updated Mine Plan and Reclamation Plan Maps will need to be <br />included within this TR. <br />Although your commitment and associated TR may alleviate <br />some 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 <br />to demonstrate compliance with Rule 6.4.14 regarding legal <br />right to enter for the affected lands located north of the 25 -yard <br />reserved area (approximately 2.89 acres in size). Compliance <br />with the Rule will likely require further communications with <br />the Complainant. You need to obtain and/or submit <br />documentation to the Division on or before April 17, 2017, <br />demonstrating compliance with Rule 6.4.14. Failure to comply <br />may result in enforcement actions. If you determine to submit a <br />TR, as discussed above, a legal right to enter agreement could be <br />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 />Kym A. Schure <br />M-1986-074 <br />W-2017-046 <br />3 <br />