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than under the original reclamation plan (21.1 acres). Furthermore, the Petitioner contends <br />that there is a low probability of reclaiming all of the lands described in the original <br />reclamation plan. Prior efforts to reclaim those lands were mostly unsuccessful due to <br />drought conditions and other factors beyond the Petitioner's control. <br />5. Because the reclamation plan proposed in TR-2 will result in a greater number of acres <br />reclaimed than under the original reclamation plan, and because the BLM, as the landowner, <br />has approved of reclamation plan set forth in TR-2, it is appropriate to grant Petitioner's <br />appeal and to deny Stipulation No. 2. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Petitioner's appeal of the <br />Division's decision to require Stipulation No. 2 is hereby granted. <br />In GG <br />DATED this ~ day of ~` ~ , 2005. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />,~ ' <br />rchael T. Nelligan, Chair, Mined nd <br />Reclamation Board <br />