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.. - ~ ~~I ~I~II~II~I~~~ ~I~ OCCIDENTAL OIL SHALE~a,INC. ®~~ P.O. BOX 2999.2312 G ROAD • GRAND JUNCT ION. CO x$1501 ~ ~ - -~,~ (3031242-6463 •1,y ,,~, _~. QJ February 7, 1978 ~ ~~'' ,9 ~~:3~.;; ~~ ~ ~,i'~y ~~~~~' ~ Mined Land Reclamation Division ~~ c/o Mr. Dean Massey 723 Centennial Building 1313 Sherman Street Denver, Colorado 80203 Re: Adequacy Review, Logan Wash Oil Shale Operation Your File #77-424 Dear Mr. Massey: During your recent visit to our Logan Wash Operation and in your December 7 letter, you expressed a desire for clarification or additional information. We submit the following items for your review: LEGAL DESCRIPTION: Exhibit A has been rewritten and is enclosed. MINING PLAN: The Mining Plan has been rewritten and is enclosed. You have indicated that the road from the Roan Creek County Road to the mine and beyond is to be considered as Affected Land. We consider this to be an improper interpretation of the statute and not consistent with the facts. The statute - 1973 C.R.S. 34-32-103(1) - defines "Affected Land" as the "disturbed surface of an area within the state where a mining operation is being or will be conducted including, but not limited to, on-site private ways, roads appurtenant to any such area." The eight miles of access road from the County highway to the top of the plateau is not on-site and therefore is not "af- fected land" under the statute. Moreover, where the road does cross the tract, .it is used by Occidental in its existing location for access, cvhich is its historic function; therefore, there will be no "disturbed surface" due to the use of the road other than that attrib- ut ble to its use for access. We propose to maintain the road for .access during mining operations and thereafter to leave it in a condition which will permit access to other property. i ~'