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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) a66-3567 FAX: (303) a32-6106 March 15, 2007 Gary W. and Karen R. Zak P.O. Box 414 12000 Auckland Ave. Florence, CO 801226 RE: Petition to Designate Lands Unsuitable Deaz Mr. and Mrs. Zak: COLORADO DIVISION OF RECLAMATION MINING - &- SAFETY Bill Ritter, lr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee The Division of Reclamation, Mining and Safety (Division) received your petition to designate lands unsuitable for mining on February 2l, 2007. You have petitioned to have your 35.24 acre parcel of land located in Fremont County designated unsuitable. Part of your parcel lies within the proposed Northfield Mine permit boundary. The Northfield Mine permit application, C-2006-085, including a proposed reclamation plan prepared in accordance with 34-33-t 1l, was submitted to the Division on September 11, 2006 and deemed complete on September 22, 2006. A number of public comments were received and an informal conference was requested as allowed by 34-33-I 18(6). The informal conference was held December l2, 2006 in Florence, Colorado. Section 34-33-126(2)(a) states in part, "...Any person having an interest which is or may be adversely affected or any duly authorized governmental agency shall have the right to petition the board to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have such designation terminated. Any such petition which includes acreage identified in a pending permit application pursuant to the requirements ojsection 34-33-111(1J(a) shall be filed with the board prior to completion of the informal conference provided for in section 34-33-118(6) concerning such pending permit application..:.." Based on this citation, the Division has determined that your petition was not submitted in a timely manner. The informal conference was held on December 12, 2006 and the Petition was not submitted until February 21, 2007, two months after the informal conference. In accordance with your requests dated March I I and March 12, 2007 the Division will present our recommendation to the Mined Land Reclamation Board at their next meeting on April I I-12, 2007. Please contact me if you have any questions. Sincerely, Sandra L. Brown Sr. Environmental Protection Specialist a Cheryl Linden, Attorney General Office Tyson Powell, Attorney General Office Office of Otfice of Mined Land Reclamation Denver Grand Junction Durango Active and InaRive Mines