2016-09-27_PERMIT FILE - M1986074

• Permit No: M1986074
• IBM Index Class Name: Permit File
• Doc Date: 9/27/2016
• Doc Name: Citizen Compliant
• From: Michael Holditch
• To: DRMS
• Type & Sequence: CT2
• Email Name: ERR
• Email Name: WHE
• Media Type: D
• Archive: No

�/LORI C. HULBERT,J.D.,LL.M.
JULIE J. NOONAN, J.D.
MICHAEL HOLDITCH,J.D.
Attorneys at Law
September 21, 2016
Mr. Jeff Fugate RECEIVED
First Assistant Attorney General
Natural Resources and Environment Section i.-IF 2 7 2w
1525 Sherman Street, Seventh Floor
Denver, Colorado 80203 OWN OF RECLAMATION
! lNGAND SAFETY
Re: Mining Activities Under Permit MI986074 Nx)r��
Mr. Fugate:
I am writing in regards to prospective mining activities to occur on property owned by
my client, Ms. Deborah Hradecky. It is my client's position that Ms. Kym Schure, the operator
of the prospective mining activities, has not taken the appropriate steps to obtain permission to
mine into her property.
My client is the surface owner of property located in the Northwest Quarter of Section
21, Township 8 North, Range 53 Nest of the 61h P.M. in Logan County, Colorado. In March of
2015, Mr. Schure submitted a conversion application to expand the area affected by the Colorado
Division of Mining, Reclamation & Safety Permit No. M 1986074 to areas extending into this
property. The initial application did not list my client as a surface owner of affected land.
However, shortly upon receipt of the application, Mr. Elliot Russel of the Colorado Division of
Mining, Reclamation & Safety sent an incompleteness letter to Mr. Schure informing him that
my client and her former spouse must be listed as surface owners of affected land and owners of
land within 200 of the affected area. A consultant by the name of Randy Schafer responded to
this letter with an admission Deborah and Robert Hradecky are surface owners of affected land.
This response also contained an amended application listing Deborah and Robert Hradecky as
surface owners of affected land, as well as owners of land within 200 feet of the affected area.
Following required notice procedures, this conversion application was approved by the Colorado
Division of Mining, Reclamation & Safety on November 5, 2015.
Despite acknowledging my client's ownership rights to land affected by the expansion of
Permit No. M1986074, Mr. Schure has not obtained any leSal -fight to engage in mining activities
1828 N. Clarkson Street • Denver, Colorado 80218 • Phone 720,943.8808 • Fax [phone]
326 Main Street • Sterling, Colorado 80751 9 Phone [phone] Fax 970,522.7015