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6/5/2017 State.co.us Executive Branch Mail - Re: My understanding of our May 26, conversation ..... Confirm please <br />'ATE E DRMS CoalAdmin - DNR, DNR <dnr_drms coal_admin@state.co.us> <br />COLORADO, <br />— — — <br />Stark - DNR, Jim <jim.stark@state.co.us> Thu, Jun 1, 2017 at 12:13 PN <br />To: Richard Rudin <richrudin@cs.com> <br />Cc: Clayton Wein - DNR <clayton.wein@state.co.us>, DNR DRMS_CoalAdmin - DNR <dnr—drms—coal_admin@state.co.us> <br />Mr. Rudin, <br />Sorry for the delayed response but I have been out of the office. While your comment is mostly correct, the path to a <br />release of liability for an alternate land -use of industrial is not that easy. The Division is carefully reviewing the plan as <br />submitted by Bowie and will send them an adequacy letter on that plan tomorrow or Monday. At a later date Bowie <br />would need to apply for a bond release for the site and a termination of the Division's jurisdiction (complete with public <br />participation). With respect to the Farmers Ditch, regardless of the ultimate fate of the load out, the Division will ensure <br />that the ditch is protected. Further discussions between the Bowie, the ditch company, and the Division will be <br />required. These discussions, a plan for the Farmers Ditch, will be required prior to the Division approving any alternate <br />land -use. To your final point, if the county approves the change of land -use at the Ioadout to industrial you are correct, it <br />will not be returned to cropland. <br />I hope this helps. Please let me know if you have any additional questions. Thanks and have a great afternoon. <br />James R Stark <br />SeniorProtectionp <br />f)r,}',Jba,Mne at of Nat ml [ta�;taa.arces <br />On Sat, May 27, 2017 at 1:30 PM, Richard Rudin <richrudin@cs.com> wrote: <br />Jim, <br />As per our conversation, May 26.... <br />It seems there exists a very real possibility that a scenario exists where by with a minimum <br />of effort on Paonia Holdings part, almost all of the 14 acre site along Hwy 133 can fully <br />escape all reclamation, including all future liabilities of the Farmers Ditch. This means the <br />original Plan agreed to by all parties at that time, Company, State, County, Residents, .. of <br />returning this acreage to its original agriculture uses may no longer exist/ be applicable. <br />Is this accurate, <br />Richard <br />https://mail.googl e.com/mail/b/511/u/0/?ui=2&i k=deb7fOcd20&view=pt&search= i nbox&th= l5c64dcab5f4l aec&si m I=15c64dcab5f4l aec 1/1 <br />