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claim boundazies upon which the original permit boundaries were originally based may no longer exist, along with <br />the fact that IUC now has access to areas beyond the original lease boundaries in this vicinity. <br />In light of these facts, and given IUC's willingness to perform the necessary mapping and inventorying of the site <br />to bring the permit into compliance, I will propose this idea for accomplishing a boundary change to you. <br />Typically, when a boundary change is limited by a cap on the permitted acreage, it involves the formal release of <br />some permitted land, then formally adding other non-permitted land to the permit. Adding land normally requires <br />an amendment to a permit, and you are not proposing to add to the "permitted" acreage. As mentioned above, this <br />permit is currently approved for up to 40 acres of affected area. Unless you propose adding acreage to the affected <br />area, I do not feel that an amendment is necessary or appropriate. <br />If the boundary change does not involve an amendment, it should still be framed within a formal permit action. <br />Your proposal for boundary reconfiguration, which is intended to ensure that all existing permit-related <br />disturbances will be brought into the permit boundary, and bonded for reclamation, could 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. It does not appear that you are proposing an expansion of the affected area acreage, and <br />this office does not feel justified in pursuing the correction of former operator's sins as an enforcement issue. <br />(Board-ordered compliance would likely require the same end result we are working toward anyway.) Once the <br />matter of including all necessary azeas within the affected area acreage is settled, this office could accept your <br />proposal of the modified boundaries in the context of a technical revision. Technical revisions for Hard Rock 112 <br />permits carry a fee of $ I50. <br />The resolution of this is to submit a request for technical revision. All affected areas must be included in the <br />permit. Your submittal should include the technical revision fee, a brief description of the boundary and include <br />the final mining map. An important item that will be necessary to provide is a demonstration of the legal right to <br />enter the proposed affected area, for purposes of mining and reclamation. This right-of--entry is necessary because <br />of the "new" areas that were not documented before, especially those located in SW 1/4 Sec. l3, SE 1/4 Sec. 14, and <br />NW 1/4 Sec. 24, T44N, R18W. If your submittal includes revised maps, it should include two sets of originals, one <br />set for the Denver office and one set for the Durango office. If you would submit to me a brief letter requesting <br />these changes under a technical revision, which adequately describes all affected areas so the permit may be <br />brought into compliance, I would be ready to approve it. During the review and approval process, we can discuss <br />any questions about final reclamation, so that the bond estimate may be calculated. <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 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, and 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. <br />