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• III IIIIIIIIIIIII III ~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Nawral Resources <br />1313 Sherman SL, Room 215 I+y`~ <br />Denver, Colomrio 8020 III <br />Phone: p03)866-3567 <br />FA% (3071872-8106 <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Mr. Joseph R. O'Brien July 18, 1996RoYRomer <br />Red Creek Ranch covemor <br />850 newton Road IamesS Lochhead <br />Eteculive Direcbr <br />Pubelo, CO 81005 <br />Michael B. Long <br />D ie is ion Director <br />RE: Request for a determination as to whether an extraction <br />activity should be exempt from a Mined Land Reclamation Board <br />Permit. <br />Dear Mr. O'Brien: <br />I have reviewed the information you provided the Division on July <br />16, 1996. It is the Divisions opinion, based on the information, <br />that the activity you have described does not need a Mined Land <br />Reclamation Board permit. <br />Please be aware that the Divisions determination that a permit is <br />not needed is simply the Divisions opinion. It can be challenged <br />by any party at a hearing before the Mined Land Reclamation Board. <br />It is specifically based on the statements made in your July 8, <br />1996 correspondence to the Division. If you make changes to your <br />plans, the Divisions opinion may not apply to the new conditions. <br />If you wish a Board determination and Board Order that specifically <br />exempts the proposed operation, you should request a Declaratory <br />Order hearing. We have taken the liberty of scheduling you for the <br />July 24th and 25th Board hearing if you decide to seek a <br />declaratory order from the Board. If you believe that the <br />Divisions determination is adequate for your needs, please let us <br />know prior to July 23ed so that we may cancel that particular <br />Board agenda item. <br />The Division, Board and the citizens of Colorado thank you for <br />taking the time to resolve this matter according to the <br />requirements of the Mined Land Reclamation Act, Regulations, and <br />Board policy. <br />5,~,~~~ <br />H. Bruce Humphries, <br />Minerals Program Supervisor <br />cc: Jim Stevens <br />Is it mining? file <br />