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~~ Banks and Gesso, LLC / <br />~~ <br />3 August 2007 <br />RECEIVED <br />'AUG 0 v 2007 <br />Division of Reclamation, <br />Mining and Safety <br />Erica Crosby <br />Colorado Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />/-~-~ ~ <br />720 Kipling St., Suite 117 <br />Lakewood, Colorado 80215 <br />(303)274-4277 <br />Fax (303)274-8329 <br />www. banksandgesso.com <br />Re: Alpine Rock Swan River Resource, Permit Compliance (M-1993-035) / <br />Dear Ms. Crosby: <br />On behalf of Alpine Rock, permit holder for Regular 112 operation M-1993-035, <br />this correspondence is a response to the Division of Reclamation, Mining, and <br />Safety letter of April 16, 2007. To the extent that this letter recommends <br />modification of the existing M-1993-035, especially concerning water quality <br />monitoring, please consider this a request for technical revisions as may be <br />required. <br />Thank you for meeting with us on May 17, 2007, at the Division's offices. That <br />meeting provided the basis for a concerted effort to resolve outstanding concerns <br />regarding the referenced permit. In consideration of the Division's request for a <br />status report and resolution alternatives, each ccncern is addressed individually <br />as follows: <br />1. Legal Right of Entry. <br />The Division expresses concern regarding the legal right of entry, as necessary <br />"to ensure that the mining and reclamation requirements are met during the life of <br />the mine and until bond release requirements have been fulfilled." This concern <br />is acknowledged by the operator, but the record should show that the lapse of <br />the lease when B&8 Mines conveyed the property to other interests was not due <br />to any controversy or dispute. Operations on the site today are either permitted <br />under a new Reclamation Perrnit (e.g., Everist Materials under M-1998-052) or <br />are the result of a land owner implementing a beneficial use of the land. <br />To simplify the issues identified by the Division, particularly the concern <br />regarding right of entry, Alpine Rock is seeking (through separate <br />correspondence) apartial acreage release for areas of the M-1993-035 site that <br />are not subject to on-going mining or reclamation activity under the permit. The <br />Division suggests the appropriateness of an acreage release under Rule 4.17 in <br />its April 16 letter; such a release would be appropriate not to remove the Everist <br />