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Access To Posted Property

Mined Land Reclamation Technical Guidance, MLR-88-2

November 21, 1988

To: Regional Supervisors of Natural Resources

From: Gregory H. Sovas, Director, Division of Mineral Resources

Subject: Technical Guidance Memo MLR-88-2. Access to Posted Property Permit Conditions

The following wording is to be added to each mining permit issued by the Division effective immediately. This condition will serve as additional authority for Division staff to enter posted property for the purpose of inspecting activities covered by Article 23.

"The permittee shall allow access to Department personnel at all reasonable times during normal business hours on normal business days, and after reasonable notification to the permittee and proper identification as Department employees, for the purpose of conducting inspections or investigations in the regular course of their duties pursuant to the Environmental Conservation Law, notwithstanding signs or other notices purporting to limit access to the property."

Please direct your staff, however, not to take unnecessary risks in their routine duties. If access is personally refused at the site, staff should report the action immediately to their supervisor who will initiate further actions to gain access to the property.

We continue to await full guidance from the Legal Office on this issue and will forward it to you as soon as we receive it.

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