INSPEC45580

• Permit No: M1981014
• IBM Index Class Name: Inspection
• Doc Name: MINERALS PROGRAM INSPECTION REPORT
• Inspection Date: 6/19/1996
• Media Type: D
• Archive: No

(Page 2)
MANE ID / OR PROSPECTING ID ~ M-81-014
INSPECTION DATE 06/19/96 INSPECTOR'S INITIALS ZCD
OBSERVATIONS
This was a partial inspection performed by the Division in response to the operator's request
for assistance in proper filing for an additional access road to the permit area and for
submitting a partial release request. A time was arranged with the operator to meet at the
site.
Ae part of an upcoming approval for a second area of activity in the permit, which ie
topographically separate from the original area of activity, the operator wishes to establish
a new acceee~route to that part of the permit. He has obtained new access rights from an
adjoining landowner to cross a portion of the adjoining land to enter the permit there. A
short, new road will have to be created across presently undisturbed land. According to
Construction Materials Rules 1.1(3) and 6.3.3(g), new roads must be considered affected land
and must be included in the permit area. (If the poet-mining land use allows a road to
remain, it does not have to be reclaimed.} To add land to a 112. permit area requires an
amendment, the fee for which ie $1550.00.
The discussion oneite and inspection also included an undisturbed area for which release will
be requested. The location of some of the new access road ie on a part of the permit area
which the operator wants to have released from the present permit. Because the overall
boundary change will involve some areas being deleted and others areas added, plus the coat
for simply adding acreage ie high, another method to accomplish both desired permit actions
might be considered. A land exchange is allowed by Division policy, which permits the
operator to add and delete areas, under the right circumstances, for the cost of a technical
revision ($150.00). The conditions which must be met are listed below:
1. The request must involve a 112 permit.
2. The area to be deleted from the permit must have been undisturbed by the operator, and
the removal of the area from the permit must be according to the release procedured discussed
in Rule 4.16.
3. The operator must waive, in writing, the right to a 30-day decision on the technical
revision.
4. There must be no significant change to the reclamation plan or the bond.
5. The operator must agree to follow the normal public notice process for an amendment.
6. If there are objections, the land exchange must be handled ae an amendment, with the
appropriate amendment fee and all amendment application forme submitted, Since the operator
has followed the amendment notice process, the 90-day clock will have begun on the day the
TR was submitted, and not on the day the TR became an amendment.
7. In order for the Division to process the land exchange once the process becomes an
amendment, the operator must furnish the appropriate amendment fee. A11 adequacy review
activity will cease on the land exchange request until the fee has been paid.
8. If the operator dose not agree to these conditions, a request for either an informal
opinion or a declaratory order may be made from the Board on the TR vs amendment process.
Land exchanges do need to be an acre-for-acre exchange. The exchange does involve two
separate permit actions, which are to followed sequentially: a request for partial release
must be made (per Rule 4.16) and approved, before additional acreage may be added through a
TR.
Because the area to be released is presently undisturbed by mining, the operator's release
request may approved without additional inspection. Likewise, no new inspection will be
needed for the additional area for the road, since it was seen to be undisturbed, and the
exact location was staked.
The operator hand delivered a series of photos and a sketch map of the areas in question to
this inspector during the oneite via it. These are now part of the file, though not yet tied