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or other means. By requiring a cleaz legal right of entry, the Division is merely ensuring compliance with the Act and regulations, and is not adjudicating property disputes. The MLRB has implemented the legal right to enter requirement by mandating that a permit applicant "provide a description of the basis for legal right of entry to the site to conduct mining and reclamation..." Given that the ultimate goal of the Construction Material Act is to ensure that affected land is reclaimed to a beneficial use and that the MLRB has implemented this goal by promulgating a rule that connects legal right to enter with reclamation, it is reasonable to conclude that an operator must not only have a legal right to enter at the time it applies for a permit, but must maintain that right until the site is reclaimed and released. In this particular case, the general concern is to ensure that the mining and reclamation requirements aze met during the life of the mine and until bond release requirements have been fulfilled. It should be acknowledged that at the time of the permit issuance ARC had met all applicable requirements. In addition, a lease dispute is a private matter between two parties and is not the Division's responsibility to resolve the dispute or to participate in the dispute. However, the purpose of the Act is to ensure that reclamation is completed, and therefore, ARC has an obligation to maintain its legal right to enter until bond release has occurred. With these considerations in mind, the Division recommends the following: o The 89 acre azea that is currently being mined by Everist Materials within the ARC permit azea could be released from the Swan River Resource with an acreage reduction request (AR request) submitted by ARC in accordance with Rule 4.17, By carving out this portion of the permit, there is no ambiguity as to who the current operator for the site is and to what reclamation standazds must be performed. The Division must require the following: o Without cleaz demonstration of legal right to enter the site, ARC is required to place the operation under Temporary Cessation (TC) in accordance with Rule 1.13. An application for TC must be filed within 60 days from the date of this letter (June 16, 2007). o The Division will allow ARC additional time to enter into new lease ageements with Summit County, the Town of Breckenridge or other landowner. However, until a new lease or agreement is reached, the Division must limit mining activities on the site to reduce the risk and decrease the reclamation liability. The Division will give ARC an initial one veaz from the date of this letter to demonstrate legal right of entry on the Swan River site. Without the operator performing the above actions by the due dates indicated, the Division may choose to initiate enforcement actions. Water Testing- In the original permit application, ARC committed to performing water quality monitoring on a three time per yeaz basis (spring, summer and fall) at locations upstream and downstream of the mining operation. The parameters to be monitored include; Total Phosphorus (mg/1), Ortho Phosphorous (mg/l), Total Suspended Solids (mgA), pH and Chlorides (mg/1). All information gathered on water quality monitoring was to be submitted to the Division in the annual reclamation report. The Division's inspection report requested that ARC provide the water quality analysis since when the permit was first issued in 1993. ARC responded by stating that they were unable to locate water testing conducted on this site and that minor extraction activity has taken place on site. The Division concurs with ARC that little disturbance has taken place on site since 1993. However, the monitoring plan is a condition of the permit. If ARC wishes to discontinue or reduce the frequency of the water monitoring plan, it will need to either include that in the above noted TC application or submit a Technical Revision (TR) to the permit to either reduce or eliminate water monitoring by June 16, 2007.