2021-04-15_ENFORCEMENT - M1999042

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r rt IPA U'I^IIIIIY i N po), f,�l01mIY .TheDivision inteServiceMI reted that letter because the Forest � has has not undertaken the requisite formal process for revoking a plan of operations. .e Operator has filed Emit agaxnat the Forest Service because, if it did revoke the plan of operations, it did so in violation of the law. Resolution of this issue in the Operatois,favor necessarily meaw that the Dividoes position that the Operator does not have authorization to conduct mining operations is incorrect. GI Operator believes that the Forest Service's letter dated.September 25,E 2020 is based on a Colorado District Court decision declaring that el a called the White Banks re claims were owned by Sn w m l3a 9 Company.,, While the Operator disputes that those White Bad clime overlap the Operator's White Banks claims where the Plan.of Operations is in effect, the Wte Bans claims owned Sno a �� Company have been forfeited. Wherefore, the Operator y , believes that the basis for the September , 202 letter is gone and, therefore, the suggestion that their plan o operations i no longer approved is gone ae well. � p H. Even if the plan of operations were revoked, an approved plan of operations is not required to engage in mu' Ang operations that arenot likely to cause a s' ' cant disturbance turb nce of surface resources. C.F. R. 228.4(a)(3). The �� Operator's or► om maintenance operations are not likely to cause a significant disturbance of surface re source s. I. Ana roved lan of operations is not hecesaar r t have right of entry. 11 pp F � J. If'the Operator is unauccess.l in the lawsuit, the bond posted is sufficient to cover reclamation of any disturbance of,surface resources and ao there is no harm to the Division inwaiting for the lawsuit to be resolved or for the wrest Service on its o 'n initiative to reco a that it has not properly revoked the perato s Plan of Operations. M ent The Partfes agree that to be protective of public safety and the environment, and to comply with the Act and Rules, the Board Ordered.no Mining Operations are to occur at Permit No,, M 1999-042. As a result of the Mined Land Reclamation Board grapt a►g the Operatoes requested continuance on February 17, 2021, the Operator agreed to Cease and Desist Mining Operations at Permit No. 1 1 042. WHE FORE, the parties respectfiffiy request that the Board approve this 'joint stipulation at its March 24, 2021, meeting. 2 i0i uwJJ4wkuIlwJuwIWJW.IWW b.3:..