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"There are two things we would like you to do. One, have the Division of Minerals and Geology <br />write a disclosure of their action and take full responsibility of their action..." <br />The above nan•ative describes the Division's reclamation actions at the site based on the <br />approved reclamation plan. The Division's only obligation is to complete site reclamation based <br />on the approved reclamation plan with available reclamation bond money. As a courtesy to the <br />landowner, the Division always attempts to include the landowner in site decisions and achieve a <br />final site reclamation that, while meeting the requirements of the approved reclamation plan, <br />considers fully the concerns of the landowner. <br />In your October 14, 2004 correspondence, you stated that two of the Division's inspectors, Ms. <br />Erica Crosby and Mr. Carl Mount, had conducted an inspection of the Gold Basin Mine, File No. <br />M1992-045, and found what you consider to be frivolous violations. A review of the inspection <br />report sent you details the potential violations. At this point in our process, the Division is <br />considering none of the listed issues at the site as violations. We have listed them as problems <br />that need to be addressed by you in a timely manner. If they are not properly addressed, any one <br />ofthe listed problems maybe scheduled with Mined Land Reclamation Boazd for apublic <br />hearing. The Mined Land Reclamation Board will determine at that hearing if actual violation(s) <br />exist. No hearing has been set so that you will have time to correct the deficiencies by the <br />corrective actions dates identified in the inspection report . I encourage you to work with <br />Division staff so that the listed items do not become violations. <br />In your correspondence, you also request khat the Division conduct site water sampling over the <br />next five years if the buried material is not removed. The Division has no funds available to <br />remove the requested material. The Division does have an Emergency Response Fund; however, <br />the Legislature deleted that Fund in order to deal with other State budget issues. Second, there is <br />ao verifiable evidence, at this point, that the source of any seepage or its quality is related to the <br />buried iron shovel parts. If the Emergency Response Fund moneys are reestablished in whole or <br />in part, and it can be shown that the buried shovel is responsible for degraded water quality, the <br />Division will reconsider your request. <br />The Division is not able to conduct water quality sampling for you at your site. However, if you <br />feel it is imperative that water quality sampling be done, we are available to provide guidance to <br />you as to haw to sample and what water quality pazameters should be evaluated. <br />The Iast issue raised in your October correspondence relates to the Emma Enterprise 1 prospect, <br />File No, P-19870-006. You request that the Division contact the National City Bank of Auburn, <br />Indiana with a letter of apology. The request for the apology is based on a bond forfeiture <br />proceeding the Division initiated against you between the months of June and September of this <br />year. Over the course of that time the Division attempted to contact you concerning the prospect <br />and all correspondence was returned unclaimed. The Division then scheduled and held the first <br />hearing of a two hearing process. An attempt was made to contact you for that hearing; <br />however, the notice was returned unclaimed. The hearing was held and the hearing officer made <br />the finding that the prospect was abandoned. The second hearing was scheduled in order to <br />terminate the prospect and forfeit the reclamation bond. As is required by law, you and the <br />