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parcels in question are not consistent with either the Petitioner's proposed post-mining <br />land use (rangeland) or the mining and reclamation plan for the site. <br />The 2.0-acre parcel is owned by Poudre Valley REA and is being used for an electrical <br />substation. The 85.88-acre parcel is owned by the City of Longmont and is under <br />construction for water treatment facilities. Based on a Division inspection of the parcels <br />on December 7, 2004, it appears that neither parcel was disturbed by mining activities. <br />Both the Poudre Valley REA and the City of Longmont have submitted letters stating they <br />have no objection to the release of the two parcels from reclamation responsibilities. <br />4. Because the two parcels were never disturbed by mining activities and have been (or will <br />be) put to beneficial uses, and because neither landowner objects to the requested release of <br />the parcels from reclamation obligations, it is appropriate to grant Petitioner's request for a <br />release of the 87.88 acres from the Petitioner's reclamation obligation. <br />ORDER <br />Based on the foregoing findings of.fact and conclusions of law, the Petitioner's appeal of the <br />Division's decision denying an acreage release is hereby granted. The Petitioner's request <br />for the release of the designated 87.88-acres from further reclamation obligations is hereby <br />approved. <br />DATED this ~~day of ~. /~cjc.C-~ , 2005. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />~t ~ D <br />Michael T. Nelligan, Chair, i ine d <br />Reclamation Board <br />