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~~ y i 1 1 '~ l r '' ,~`'= f '. • STATE OF COLORADO HiC nnRn p~M. fnvci~n~ DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe, Execur~rve Director a Mr. Will Wright Western Fuels - Utah, Inc. 405 Urban Street, Suite 305 Lakewood, Colorado 80228 Re: MLRD/BLM Jurisdiction Dear Mr. Wright: MLNED LAND REGLAIIIATION 420 Centennial Building, 7313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 April 5, 1982 ~II II~II~II~II~~ ~~~ David C. SfieNon Director On March 25, 1982, I met with Richard Areand, Rocky Curnett,and Dave Harper, representatives of the Bureau of Land Management, to discuss respective agency jurisdictional concerns at the Deserado mine. This letter should confirm the issues discussed and their resolution. As you know, questions concerning regulatory jurisdiction at the Deserado mine have recently arisen. The unusual circumstance of the permit area encompassing not only the original Lease area but also an additional portion of Zand upon which surface facilities are to be constructed has apparently given rise to a duality of jurisdiction. Asa result, confusion exists as to which agency is responsible for which activity and in what area, which agency should Western Fuels - Utah, Inc. deal with, and so on. Additionally, the possibility exists for considerable duplication of efforts. In recognition of these issues, the MLRD and the BLM propose the following working relationship: Lead Agency: For activities conducted within the permit area, the MLRD will be the lead agency. For activities conducted outside of the permit area, the BLM will be the Lead agency. Paper Compliance - Permits, Right-Of-Ways, Temporary Use Permits, and Revisions: Western Fuels - Utah, Inc. should approach the appropriate "lead" agency as necessary to ensure compliance. Generally, for activities conducted within the permit area, this will require contacting MLRD as to the necessity of obtaining specific approval prior to the conduct of some activity. It is then the responsibility of the MLRD to communicate such request to the BLM and coordinate the appropriate review, information requests, and general corres- pondence. For activities conducted outside the permit area, Western Fuels - Utah, Inc, should contact the BLM and, in turn, the BLM will be responsible for contacting the MLRD as necessary, coordinating the review, and general corres- pondence.