2018-06-20_PERMIT FILE - M2017044 (2)

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AVCOLORADO Division of Reclamation, , Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 June 20, 2018 Keith McFarland Ken Schaef McFarland Enterprises, Inc. ITC Resources 1810 Mineral Street 1205 H Lane P.O. Box 617 P.O. Box 5613 Silverton, CO 81413 Delta, CO 81416 RE: Filing Deficiencies for a 110(1) Permit Application, Hobo 2, File No. M-2017-044 Dear Mr. McFarland and Mr. Schaef: The Division has conducted a preliminary review of the above referenced application and has determined the application deficient for filing purposes, pursuant to Hard Rock Rules 1.1(20.1) and 1.4.2(2). Pursuant to Rule 1.4.2(2), the 30 -day review period for the application will not commence until the filing deficiencies listed herein are resolved. Filing Deficiencies for Hobo 2 Permit Application 1. The application is submitted in response to the Board Order for Notice of Violation MV - 2017 -049. The original Board Order, effective November 20, 2017, identified the access road and portal area as affected lands and required the Operator to submit a reclamation only permit to address reclamation of the affected lands. The Board later revised the Order, effective March 6, 2018, to allow a standard mining and reclamation permit. The intent of the Board's Order is to ensure mining activities are properly permitted and affected lands are reclaimed to a beneficial use. The application defines affected lands at 0.5 acres, which appears to include the portal area but excludes the access road. As noted above, the Board's Order included the access road as affected lands. Therefore, the application is in conflict with the Order. Please revise the application by expanding the permit boundary to include all affected lands and ensure affected lands are addressed by the reclamation plan, performance warranty and financial warranty. 2. On the signature page of the application form the Applicant did not provide a corporate seal and the notary authenticated Keith McFarland as President of McFarland Enterprise Inc., which is different from the corporate name registered with the Secretary of State (McFarland Enterprises, Inc.). Please submit a revised application form which displays and authenticates ox -cow z 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us h O John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director *, * ''1876"