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III IIIIIIIIIIIII III raTE OF COLORADO G ~~ MINED LAND RECLAMATION DIVISION oF.~a, Department of Natural Resources a~', Q'~y$ Nc is 1313 Sherman SI., Room 215 Denver, CG 60203 •~ ~ ~` 303 866-3567 .ra 6."' Fa x: 303 632-8106 Roy Romer. Governor Fred R. Banta. December 17 , 1991 Grv~slon D~renor Mr. Robert Hagen Director OSMRE Albuquerque Field Office 625 Silver Avenue, NW, Suite 310 Albuquerque, NM 87102 RE: Fruita No. 1 and 2 Mines (C-81-015) Dear Mr. Hagen: Enclosed is a copy of the Division's proposed decision to approve an application to conduct coal exploration on the above referenced mine site. This is being provided at this time due to interest in the Fruita Mine earlier this year on the part of AFO. The AFO issued TDN X-91-02-116-5 TV3 in July of this year, in part citing concerns with reclamation of highwalls. The Division subsequently issued NOV C-91-024 to the American Shield Company. Abatement of the NOV requires submittal of a plan for reclaiming the existing highwalls next to the mine bench. Backfilling the highwalls would entail reclaiming the mine bench that exists on the site. In January of 1991, Coal Fuels Corporation submitted an application to conduct coal exploration operations on the mine bench. The proposed operation would reopen one of the old mine portals to assess the feasibility of mining. Because of a delay in responding to adequacy concerns, the original application was denied in June. Coal Fuels subsequently resubmitted the application on July 22, 1991. Adequacy concerns raised by the Division regarding the application have now been addressed. Accordingly, the Division is issuing a proposed decision to approve the application, with terms. Obviously, reclamation of the highwalls will not be possible while exploration activities are occurring on the bench. The exploration plan covers a three year term. At the end of that period, Coal Fuels will either have completed reclamation of their disturbance or have obtained a permit to mine. In light of these circumstances, the Division is reevaluating the abatement required for NOV C-91-024. We wanted your staff to be aware of these developments.