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_ - ~ III IIIIIIIIIIIIIIII ~ <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Nal ural Resources <br />131 3 Sherman SL, Koom 215 +u` <br /> <br />Denver, Colomrlo 80207 ~ <br />` <br />Phone: 1303) 866 3567 I <br />~ <br />III <br />FA%:1303183:-8106 <br /> DEPARTMEfYT OF <br /> NATURAL <br />September I5, 1994 RESOURCE.` <br /> Roy Romer <br /> Govcmur <br />Mr. Galt' Tuttle Tames S. lorhhead <br /> <br />Tuttle Applegate, Inc. Execmive Direarn <br /> <br />11990 Grant Street, Suite 410 Michael B Long <br />Dinsion Direr~~, <br />Denver. CO 80233 <br />RE: Coal Creek Resource -Triad Western Corporation -Exclusion of Grazing on <br />Reclaimed Areas, File No. M-88-044 <br />Dear Mr. Tuttle: <br />The Division has reviewed your letter of September 12, 1994, in reference to the required <br />cattle exclusion and grazing plans for the Coal Creek Resource mining area. <br />Your letter does not meet the requirements of the Mined Land Reclamation Act 34-32-116(n) <br />for the following reasons: <br />There are cattle grazing on the reclaimed area a[ the present time; no plan has <br />been submitted to remove the cattle. This is in violation of the Act. <br />2. Your plan to seed in April or May and to move the cattle back on the site in <br />January or February does not allow time for the planting to become firmly <br />established. This does not conform to the requirements of the Act. <br />3. You discussed possible fencing by the rancher but did not make any <br />commitment to fence to exclude grazing within the reclaimed area. <br />4. Section 34-32-116(n) of the Act states that, "The Board in consultation with <br />the Landowner and the local soil conservation district, if any, shall determine <br />when grazing may start. " The Division has not seen any information which <br />indicates that the local soil conservation district has been consulted, or that a <br />time that grazing may start has been determined. The Division recommends <br />that you contact the West Arapahoe Soil Conservation District in Lakewood <br />for consultation. <br />In summary, at this time the Division does not believe that you have met the requirements of <br />Section :34-32-116(n) of the Act. If the correction date of September 30, 1994, as given in <br />