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• <br />• <br /> <br />Page 3 <br />Mr. Cass Legal <br />June 23, 1980 <br />Since you will be working at the 80X confidence level, I do not anticipate <br />that you will have much difficulty locating a suitable reference area. <br />However, if you do, feel free to contact us and we will try to help you find <br />a solution. <br />There are a few final points which you should consider. As a matter of policy, <br />this Division has set the minimum acceptable reference area size at 3 acres. <br />Also, you must find a way to prevent livestock grazing from influencing your <br />sampling. Range cages or fencing (temporary, if you prefer) would be acceptable. <br />Either one should go in right away. <br />I did check for you regarding the applicability of the May 3, 1978 effective <br />date of the federal interim regulations to the tipple. Since the tipple <br />receives continued use, the construction date is irrelevant. All requirements <br />of the Colorado Surface Coal Tfine Reclamation Act (C.R.S. 34-33-101 et. seq.) <br />are clearly applicable. Therefore, as part of the permanent program appli- <br />cation for the tipple, a reference area will be necessary. Again, this <br />reference area should be established by comparing it with the surrounding <br />vegetation. I did not actually visit the tipple, but it was my understanding <br />that only one vegetation type is present. <br />I hope this explanation has been helpful to you. Please call if you have <br />further questions. <br />Sincerely, <br />~[~ 4~ ~~. <br />Carol Pahlke <br />Reclamation Specialist <br />cc: Mr. Richard Dougherty <br />CP/co <br />