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STATE OF <br />COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 865-3567 <br />FAX: (303) 032-8106 <br />April 29, 1994 <br />Mr. Charles Stockton <br />Ute Water Conservancy District <br />P.O. Box 460 <br />Grand Junction, CO 81502 <br />o _ _Q ~'`~ <br />.~~~'% <br />DEPARTMENT O: <br />UTE WATER NATURAL . <br />GoP TM+ C RESOURCE; <br />Ray Romer <br />Governor <br />- ~ ~•~ rw~ Ken Salazar <br />Erte<uuve Direcor <br />., MichaelB Long <br />Division Director <br />RE: Withdrawal of Cease and Desist Order and Reason to Believe <br />Letter for Removing Excavated Soil and Rock in the SE/4 NE/4 <br />Section 2-11S-98W, Mesa County. <br />Dear Mr. Stockton: <br />Since SEM's operation in Section 2-11S-98W, Mesa County is <br />covered by a Declaratory Order from the Mined land Reclamation <br />Board, issued May 28, 1985, which in part states "that the <br />removal of excavated soil and rock from this construction site is <br />not mining and, therefore, does not require a reclamation permit <br />from this agency" I am withdrawing the Cease and Desist Order <br />that I sent you and, also, I will withdraw the Reason to Believe <br />letter, dated April 18, 1994, so you will not have to appear at <br />the May 25-26, 1994 Board meeting. <br />The Board determined your activity did not constitute mining in <br />1985. As long as you do not deviate from the original <br />Declaratory order, which only covers the removal of the waste <br />material from your construction site, you will not need a permit <br />from our agency. <br />If you have any questions, please give me a call. <br />Sincerely, <br />~~~~ ~~. <br />James Dillie <br />Environmental Protection Specialist <br />m:\oss\scm\2withdrw.ltr <br />