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Minutes, May 23-24, 1990 PAGE 12 The amendment was withdrawn from consideration on April 23, 1990. On April 27, 1990, the technical revision, which reduced the acreage back to 160, was submitted in response to adequacy concerns of the Division. The reclamation plan remains essentially the same as in the original permit. Staff stated that during the public comment period for the technical revision, 2 requests fora Formal Public Hearing were received by the Division. Mr. DeMarco's letter included concerns about proper notlfication, the access road and a bridge the company had committed to constructing. The letter from the Concerned Citizens of Alma related concerns about mining that took place in the Sunnier of 1989, prior to permit issuance; the affect the berm might have on hydrology, sanitation and the proximity of the mining operation from the river, etc.. Today, the DOW contacted the Division and related concerns regarding seepage through the berm embankment, structural integrity of the berm, removal of silt from the pond, erosion at the berm, etc.. There are unresolved issues. A response to the Division's last adequacy letter was received today. At this time, neither the Division nor the public has had the opportunity to review the responses. Staff stated that the Board should consider whether this revision would be an amendment or a technical revision. Additional acreage has been added, but there have been rto significant changes in the reclamation plan, 'Mr. John Schmuck, representing the operator, discussed the amendment and technical revision. He answered questions from the Board. In response to a question from the Board, Staff stated that the Division feels there have been enough substantial changes that this issue should be presented as an amendment, rather than a technical revision. Staff stated that the Division would recommend denial of this application today, because of technical issues, i.e., hydrology, stability. Mr. Frank Johnson discussed the issue of notification with the Board and the operator. It was MOVED that the Board find this item to be an amendment to the permit.-BONDED AND PASSED UNANIMOUSLY (Kraeger-Rovey, Cooley, O'Connor, Donald, Jouflas and Entz). Mr. Johnson said that the amendment was deemed complete on February 18, 1990, withdrawn on April 23, 1990, and the technical revision was filed on April 27, 1990. He further discussed the issue and problems with notification. Mr. Kemp Will asked that the Board hear this issue at the June Board Meeting. He answered questions from the Board. Mr. Dennis Ducanmun, in response to a question from the Board, discussed the issue of water rights.