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<br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />131 S Sherman 51.. Room 215 <br />Denver, Colorado 80203 <br />Phone: (7031 866-3567 <br />FAX 17031872-8106 <br />III IIIIIIIIIIIIIIII~F <br />999 <br />II~~~ <br />DEPARTMEIYi OF <br />NATURAL <br />RESOURCES <br />Nay Romer <br />Governor <br />James 5 Lochhead <br />Executive Dveoor <br />Michael B. Long <br />Division Dueclor <br />February 21, 1995 <br />Mr. Mark E. Steinke <br />Sharp and Barney LLC <br />401 Lincoln Avenue <br />P.O. Box 774608 <br />Steamboat Springs, CO 80477 <br />RE: Attorney General Opinion, Stipulation No <br />Moffat County, Cross Mountain Pit No. 1. <br />Dear Mr. Steinke: <br />COLORADO <br />1 to Permit M-93-023, <br />Attached is State of Colorado Attorney General Formal Opinion Number <br />95-1 issued February 17, 1995 regarding the need to attach cultural <br />resource survey stipulations to reclamation permits for mines on <br />private property. Based on this opinion, the Colorado Historical <br />Society (CHS) has informed the Division of Minerals and Geology (DMG) <br />that a survey is no longer necessary on the permit area covered by <br />Permit M-93-023. This fulfills the requirements of Stipulation No. 1 <br />to the permit and the DMG has removed the stipulation. <br />Our understanding is that the CHS will no longer request cultural <br />resource surveys on permit areas that contain nothing but private <br />lands prior to disturbance under a DMG permit. However, DMG will <br />still inform the CHS of pending permit applications and the CHS will <br />determine whether the disturbed area has properties presently listed <br />on or nominated for the State Register of Historic Properties. In <br />this case, DMG thinks that this resolves the issue raised by Moffat <br />County and that no further action is necessary. <br />Therefore, we request that you direct us to delete this as an <br />adjudicatory item from the agenda for tomorrow's Mined Land <br />Reclamation Board meeting. You may do this by calling me at <br />(303) 866-3567 or Steve Brown of the Attorney General's Office at <br />(303) 866-5040 or by faxing a written request to me at (303) 832-8106 <br />or Mr. Brown at {303) 866-3558. <br />