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<br /> <br />Mr. Michael Long 3 January 21, 1994 <br />(federal land). Summit entered into an agreement with the <br />BLM to purchase the clay in the NW1/4 NE1/4. As a part of <br />that agreement, Summit was required to post a $10,000.00 bond <br />with the BLM for reclamation and to agree to a reclamation <br />plan with the BLM. Summit currently maintains two bonds of <br />$10,000.00 each, in addition to the bond provided the MLRB. <br />At the time of the adoption of the Colorado Mined Land <br />Reclamation Act there was no memorandum of understanding <br />between the BLM and the MLRB regarding cooperative efforts on <br />reclamation, and it was Summit's understanding that it was <br />not required to obtain an MLRB Permit. However, in order to <br />avoid any dispute, Summit applied for and obtained Permit No. <br />M-77-322. Consequently, Summit has two separate bonds and <br />reclamation requirements. The mining and reclamation in this <br />area has taken place with the supervision and instruction of <br />the BLM. Because Summit had determined to obtain a permit <br />from the MLRB, it was decided to include a portion of the <br />private land in the NE1/4 of the NE1/4 as a part of the <br />affected area, for stockpile and storage purposes. The clay <br />deposit in the NE1/4 NE1/4 had been mined out for the most <br />part prior to 1977, and the inclusion of the NE1/4 NE1/4 in <br />the affected area was primarily for stockpile and storage. <br />Therefore, the NE1/4 of the NE1/4 was included in the legal <br />description of the affected land for those purposes. <br />In 1981, Summit had the access road and disturbed area <br />surveyed, and has had the disturbed area surveyed on separate <br />occasions since then. It has been very difficult to <br />reconcile these surveys. The enclosed revised map is the <br />most accurate. <br />After Mr. Oehler's inspection Summit reviewed its <br />permit file. Based on our subsequent surveys, the original <br />map does not properly show the affected area in relation to <br />the survey lines. we feel in part that this is due to <br />inconsistencies between the topographic map, the actual <br />topography and the survey monuments (the topographic map only <br />reflects 40 foot contours). We have been unable to reconcile <br />the survey with the topographic map and the actual features <br />on the ground. We feel, however, that the enclosed map, <br />which is based on actual survey and tied to a BLM brasscap, <br />is accurate. The original topographical map submitted with <br />the permit application would apparently be more accurate if <br />the tear shaped area to be mined was twisted <br />counterclockwise. As noted by Mr. Oehler, the access road is <br />incorrectly shown on the map, and that inaccuracy reflects <br />the confusion on the directions on the original map. The <br />enclosed map accurately reflects the location of the access <br />road and is based on the 1981 survey of the road. <br />