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Metals Rules reveals that amendments to Hard Rock 110(2) permits such as this one are not authorized, and review <br />of Division policy reveals that no land exchanges are allowed for Hard Rock permits. <br />This still leaves us with an option, due to the "fuzzy" nature of the original boundary description and early permit <br />maps. Your proposal for boundary reconfiguration, which is intended to ensure that al] existing permit-related <br />disturbances will be brought into the permit boundary, and bonded for reclamation, should take the form of a <br />proposal for a technical revision. The boundaries and onsite features will be fully described, the boundaries will be <br />marked on the ground, and we can move forward from this point knowing that the permit and its documentation is <br />current and in compliance. You aze not proposing an expansion of the permitted area, and this office does not feel <br />justified in pursuing the correction of past operator's sins as an enforcement issue. Your proposal of the modified <br />boundaries is acceptable in this context, but should be framed as a specific permit action. Technical revisions for <br />Hard Rock 110(2) permits carry no fee. <br />If you would submit to me a brief letter requesting these changes under a technical revision, and including a few <br />details about what the revision involves, I am ready to approve it. If your submittal includes any maps, please <br />ensure that an extra copy is earmarked for the Durango Office. <br />Corrective Actions <br />Your packet included a summary of past problems, corrective actions, and pertinent correspondence. The only <br />outstanding issues are the maps and boundary marking. Upon approval of the above-mentioned technical revision, <br />the mining map will be finalized, a reclamation map may be generated and the location and placement of all <br />boundary markers will be possible. I will ensure that our records are appropriately updated as each problem is <br />corrected. <br />I am enclosing the "preliminary" map of the site you submitted to this office for review on 9/23/02. It was not <br />made part of the official permit file, and has now been made obsolete by the current changes you are proposing. <br />I am interested in inspecting the site this spring or summer, to view the areas within the reconfigured boundary, and <br />to view the markers themselves. This will give us the chance to discuss any questions regarding reclamation items <br />also. We should stay in contact to see if a joint inspection can be scheduled. <br />I appreciate your diligence and effort these past months. What you and your staff have prepared will serve as <br />detailed current documentation of the site, which may be updated as the need arises, az~d reflects a workable plan <br />for the future. <br />I look forward to receiving your technical revision request and approving these changes. You may send it to the <br />Division's Denver office (see letterhead) or to me at the Division's Durango field office. I may be reached at: 701 <br />Camino del Rio, Room 125, Durango, CO 81301; telephone 970-247-5193 or fax 970-247-5104. <br />Sincerely, <br />Bob Oswald <br />Enviromnental Protection Specialist <br />Encl: 9/23/02 preliminary map of site. <br />Ec(w/out encl): Harry Posey, DMG <br />A:\topaz pre tr/rco <br />