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~ ~ ~ Contention It is our contention that the above stated compliance issue is inappropriate for the following reasons: 1. The site is permitted and bonded as a phased operation. No bond reductions have been sought in the past. Phase 1 mining has not been completed, nor will it be completed in the near future. The operator is responsible for completing reclamation activity within 5 years after mining of that phase has beer. completed. Therefore, the presence of livestock at this time does not hinder the operator from meeting his reclamation obligation. 2. Stage 2 and 3 mining and subsequent reclamation will not commence for many years. Prohibiting the grazing of livestock in these areas is totally unreasonable. 3. Elam Construction operates at this site per a lease agreement solely for the purpose of miring and reclamation activities. The lease agreement does not exclude the landowner from exercising other land uses. Elam Construction does not have the right nor obligation to restrict such uses which are not in conflict with their operation. 4. The Mined Land Reclamation. Act or the Mineral Rules and Regulations do not prohibit multiple land uses of a permitted area. The landowner is not willing to waive their right to multiple use of his land. Conclusion nor the above stated reasons we feel that Mr. Keffelew has improperly identified this as a possible problem with the general mine plan. We request that the inspection report be amended to show that this issue is not relevant to mine plan compliance. We also request that the compliance date listed in the report be nullified. Thank you far four attention to this matter. We look forward to receiving..,your response. Since el , .. cold 5. clam President cc: /~ir. Carl Moun` Mr. truce Humphries Mr. James Cooley, :•lined Lan:? Reclamation Board ~~ ~ °~ coMSrnucnor+, n+c.