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Page <br />Mr. Caen Legal <br />June 23, 1980 <br />Since you will be working at the BOx confidence level, I do not anticipate <br />that you will have much difficulty locating a suitable reference area. <br />However, if you do, feel free to contact us and we will try to help you find <br />a solution. <br />There are a few final points which you should consider. As a matter of policy, <br />this Division has set the minimum acceptable reference area size at 3 acres. <br />Aleo, you must find a way to prevent livestock grazing from influencing your <br />sampling. Range cages or fencing (temporary, if you prefer) would be acceptable. <br />Either one should go in right away. <br />I did check for you regarding the applicability of the May 3, 1978 effective <br />date of the federal interim regulations on the tipple. Since the tipple <br />receives contim~ed use, the conatruct8an date is irrelevant. A31 requirements <br />of the Colorado Surface Coel Mine Reclamation Act (C.R.S. 34-33-101 at. seq.) <br />are clearly applicable. Therefore, as part of the permanent program applies <br />cation for the tipple, a reference area will be necessary. Again, this <br />reference area should he established by comparinp, it with the surrounding <br />vegetation. I did not actually visit the tipple, but it was my underetaniing <br />that only one vegetation type is present. <br />I hope this explanation has been helpful to you. Please call if you have <br />furhher questions. <br />Sincerely, <br />Carol Pahlke <br />Reclamation Specialist <br />cc: Mr. Richard Dougherty <br />CP/co <br />