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ATTACHMENT TO VACATION NOTICE <br />for <br />C.0.-86-046 <br />Cessation Order No. C-86-046 was issued <br />permit. Initial observations at the ti <br />disturbance of approximately 3.7 acres. <br />Healey was not present so the inspectors <br />made without the benefit of input by the <br />the haul road, tipple area and what appe <br />The Cessation Order was terminated on Au <br />investigation of the matter, it became a <br />used for tippling operations and the roa <br />(Horner Coal). Information received at <br />Healey demonstrated that the area he was <br />size. No previously undisturbed surface <br />In addition, the county is in the proces <br />road. <br />May 29, 1986 for mining without a <br />me of the inspection indicated a <br />At the time of the inspection Mr. <br />based their estimate on observations <br />landowner. This estimate included <br />a red to be the actual mining area. <br />gust 26, 1986. Upon further <br />pparent that the areas being mined, <br />d were all past mining operations <br />a subsequent on site meeting with Mr. <br />mining was less than two acres in <br />had been affected by this operation. <br />s of dedicating the road as a county <br />Based on this information, the landowner has made the argument that the <br />operation is less than two acres. The landowner has further stated that the <br />Horner Coal tipple area is being reclaimed and will be seeded for use as part <br />of his ranching operation. <br />The Division agrees that with the removal of these items the operation is less <br />than two acres and that the actual mining was occurring in an area of two <br />acres or less. All activity is confined to an already disturbed area of the <br />old pit and is two acres or less in size. Therefore, Cessation Order C-86-046 <br />is vacated. <br />MBL/ddt <br />3874E <br />