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<br />Richard D. Lamm <br />Governor <br />III IIIIIIIIIIIII III <br />sss <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches, Executive Director <br />MINED LAND RECLAMATION DI1 <br />DAVID C. SHELTON, Director <br />September 4, 1986 <br />Mr. Bud Healey <br />P.O. Box 85 <br />Gulnare, Colorado 81042 <br />Re: Two Acre Exemption <br />Dear h1r. Healey: <br />Cessation Order No. C-86-046 was written May 29, 1986 for conducting surface <br />coal mining activities without a permit. The inspection and subsequent <br />cessation order were written in response to a citizen complaint. <br />Initial observations at the time of the inspection indicated a disturbance of <br />approximately 3.7 acres. This estimate included the access road, tipple area <br />and actual mining area. Abatement for the cessation order required that <br />Mr. Healey cease mining, submit an application for a pernit by August 22, 1986 <br />or, if he elected not to mine, submit a reclamation plan needed to contain a <br />commitment to reclaim the site by November 30, 1986. <br />On August 21, 1986 the Division received an application form to obtain a <br />mining permit as required in the abatement. The cessation order was <br />terminated on August 26, 1986. <br />Upon further investigation of the matter, it became apparent that the areas <br />being mined, used for tippling operations and the road itself were all <br />remnants of a past-mining operation (Horner Coal). No previously undisturbed <br />surface had been affected by this operation. In addition, the county has <br />stated that they were in the process of taking over the access road as a <br />county road. <br />Based on this information, the landowner has made the argument that the <br />operation will be less than two acres. h1r. Healey has also stated that the <br />Horner Coal tipple area is being reclaimed, coal removed and the area plowed <br />and planted as part of his ranching operation. <br />The Division agrees that with the removal of these items the operation would <br />be less than two acres. Mr. Healey was told that all operations would have to <br />be confined to the pit itself, there could be no stockpiling of coal outside <br />the pit and no loadout outside the pit area. The public would have to use the <br />road to drive to the pit and coal would have to be loaded within or adjacent <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />too ~ <br />