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To: Minerals Staff ~ ~ Barb C. ~ ~~ From: HBH ~~~_ _ Date: 6/9/92 ~~ RE: Exchange of areas to be mined at permitted mine sites. Often we receive requests to exchange areas to be mined. Since HB 1115, operators have requested that the exchange be done through a TR du.a to the cost element. If all that is involved is a paper shuffle on our part, it does not seem appropriate to require the operator to pay $1,550 for an amendment. Therefore, the Division will allow an operator to process such requests provide the folloaring conditions are met. 1.. The area to be taken out of the permit area must not have been affected by the operator and the removal of the area from the approved permit must be according to the process discussed in rule 7.7. An inspection by the Division is required. 2. The operator must waive in writing the right to a decision on the TR within 30 days. 3. There must be no significant change to the reclamation plan or bond. 4. The operator must agree to go through the normal amendment public notice process. 5. If there are objections, then the land exchange must be handled as an amendment with the appropriate amendment fee submitted, and all amendment application forms submitted. Since the operator has followed the amendment notice process, the 90 day clock ~vill have begun on the day the TR was submitted and not the day the TR becomes an amendment. 6. In order for the Division to continue to process the land exchange once the process becomes an amendment, the operator will have to furnish the appropriate amendment fee. All of our adequacy review activity will cease on the land exchange request until the fee is paid. 7. If an operator does not agree to these conditions, they may request. either an informal opinion or declaratory order from the Board on the TR vs amendment process. cc Mike Long