2012-06-01_REVISION - M1997058

• Permit No: M1997058
• IBM Index Class Name: REVISION
• Doc Date: 6/1/2012
• Doc Name: Rescission of Acreage Reduction
• From: DRMS
• To: HALL IRWIN CORP.
• Type & Sequence: AR2
• Email Name: ECS
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
John W. Hickenlooper
Department of Natural Resources
Governor
1313 Sherman St., Room 215
D I V I E I O L O N RA D O F
D S F
Denver, Colorado 80203
RECLAMATION
Phone: [phone]
MINING
FAX: [phone]
—&—
SAFETY
June 1, 2012
John W. Hickenlooper
Governor
Mark Johnson
Mike King
Hall Irwin Corporation
Executive Director
301 Centennial Drive
Loretta Pineda
Milliken, CO 80543
Director
Re: Rescission of Acreage Reduction, Permit M1997 -058, Revision AR -02
Mr. Johnson:
On April 19, the Division approved Hall Irwin's request for release of approximately 16 acres of the
permit area. The acreage reduction encompassed the surface of the Eiberger ski lake (a.k.a. Stillwater Ski
Lake) and the adjacent gravel parking lot/boat ramp area. The financial warranty was not reduced as a
result.
On May 29, the Division received a letter from Mr. Peter Baurer, in which he asserted that he and his wife
are owners of record of the underlying property. Mr. Baurer was not identified as an "owner of record" in
the AR -02 acreage reduction request submitted to the Division, and was therefore not individually noticed
regarding the acreage reduction request as would be required by rule. The Division had no knowledge of
any ownership /control dispute at the time it made its decision to approve the acreage reduction request.
The Division will not take any position with respect to ownership /control of the ski lake property. In our
May 30 phone conversation, you indicated that Hall Irwin also wishes to avoid taking a position with
respect to ownership /control of the property. You further advised the Division that you had no objection
to the rescission of the acreage reduction pending resolution of the ownership /control dispute.
Accordingly, the Division rescinds its approval of the acreage reduction and reinstates the permit at its
original area of 209.6 acres effective immediately.
Please submit a letter to the Division either withdrawing acreage reduction request AR -02 or requesting
re- notice for the acreage reduction by June 8. If you request re- notice of AR02, please include contact
information for Mr. Baurer so that the Division can properly notice him in the event that he may be an
"owner of record" as described in the Rules. If the Division does not receive a letter from you by June 8,
it will issue a final denial of AR -02. If you have any concerns feel free to contact me.
Very truly yours,
6W-1--ett
Eric Scott
Environmental Protection Specialist - Division of Reclamation Mining and Safety
cc: Peter Baurer
Carl Eiberger
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines