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04-20-07;10;09AM; ;970 241 1516 # 2/ 3 <br />.~..: ~ STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFkTY <br />Department of Natural Resources <br />1313 Sherman St., Raom 215 <br />Denvet Colorado 80203 C O L O RA 0 0 <br />DIVISION Op <br />Phone: (303) 8663567 RECLAMATION <br />PA%: (303) 832706 MINING <br />- &- <br />SAFETY <br /> Bill Owem <br />Apri120, 2006 GoVVniOf <br /> RussNl Geoff <br /> <br />Mr. John Morris Executive Director <br /> <br />C/O Acacia LLC Roaaw w, caltanv <br /> Division Director <br />2500 East Kearney Street Natural Resource TnKlee <br />Springfield, Mo. 65898 <br />Re: Coa] Basin Mine Reclamation <br />Dear Mr. Morris: <br />The Colorado Division of Reclamation, Mining and Safety ("Division") is responsible for <br />permitting and regulating coal mining in the State of Colorado. See C.R.S. § 34-33-101, <br />et seq. As you are probably awaze, the Coal Basin Mine was a permitted coal mining <br />operation. Because the State revoked the Coal Basin Mine operating permit, the Division <br />accomplished site reclamation in lieu of the operator doing so. <br />The property Acacia LLC ("Acacia") owns is located in the Coal Basin mining permit <br />boundary, and was reclaimed by the State. The reclamation activities performed on the <br />property now owned by Acacia were conducted pursuant to regulatory requirements and <br />encompassed by an agreement executed by the property owner of record at that time, <br />MidCon Realty LLC and the State. This agreement was recorded at the Pitkin County <br />Clerk and Recorder's Office in March, 2002. The Division completed the reclamation <br />work a number of years ago. As a result, we have met our reclamation obligations at the <br />private property in Coal Basin. <br />Due to coal mining's statutory and regulatory struchue, the State continues to maintain a <br />level of regulatory authority at the property now owned by Acacia. For example, the <br />State must continue to conduct certain inspections at the site. It has comes to our <br />attention that Acacia has done earth work on the property reclaimed by the State, thereby <br />changing the land forms created by the State's reclamation. Given this and the fact that <br />the State completed reclamation a number of years ago, we believe it is in the best <br />interest of the State and of Acacia for the State to terminate its authority at the private <br />property in Coal Basin at this time. Termination of this authority will allow the State to <br />expend its resources elsewhere, and will ensure that the Acacia activities in Coal Basin <br />continue without any involvement by this agency. <br />We will soon begin the process of terminating our regulatory authority at the Acacia <br />property. In order to move forward with this termination of authority, we request that <br />Office of OfOce Of <br />Mined Land Reclamation Active and Inaetlve Mines <br />