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II I I II I II I II IIII III <br /> 999 <br /> rost-itr rax ivote 7671 Date^ #of <br /> To D "/�`7 7 Pages� <br /> 7I C� t✓s2t From <br /> d� K C,Je.-cam <br /> Co./Dept /`cM 0,< Co. <br /> Phone# <br /> '7/ Lr�� js Phone# <br /> Fax# <br /> TO: MINERALS STAFF <br /> FROM: Bruce Humphries <br /> DATE: April 2, 1996 <br /> RE: EXCHANGE OF AREAS TO BE MINED AT PERMITTED MINE SITES <br /> Revised April 2, 1996 (from June 9, 1992) <br /> Often, we receive requests to exchange areas to be mined. Since the implementation of HB 1115, <br /> operators have requested that the exchange be done through a TR, due to the cost element. If all <br /> that is involved is a paper-shuffle on our part, it does not seem appropriate to require the operator <br /> to pay $1,550 for an amendment. Therefore, the Division will allow an operator to process such <br /> requests, provided the following conditions are met: <br /> 1) The request involves a 112 Regular operation permit. <br /> 2) The area to be taken out of the permit area must not have been affected by the operator and <br /> the removal of the area from the approved permit must be according to the process <br /> discussed in Rule 4.16. An inspection by the Division is required. <br /> 3) The operator must waive, in writing, the right to a 30-day decision on the TR. <br /> 4) There must be no significant change to the reclamation plan or bond. <br /> 5) The operator must agree to go through the normal amendment public notice process. <br /> 6) If there are objections, the land exchange must be handled as an amendment with the <br /> appropriate amendment fee and all amendment application forms submitted. Since the <br /> operator has followed the amendment notice process, the 90-day clock will have begun on <br /> the day the TR was submitted and not the day the TR became an amendment. <br /> 7) In order for the Division to continue to process the land exchange once the process becomes <br /> an amendment, the operator will have to furnish the appropriate amendment fee. All of <br /> our adequacy review activity will cease on the land exchange request, until the fee has been <br /> paid. <br /> 8) If an operator does not agree to these conditions, they may request either an informal <br /> opinion or a declaratory order from the Board on the TR vs. amendment process. <br /> cc: Mike Long <br /> M:\oss\gaw\F xchange.hbh <br />