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STATE OF COLORADO <br />BOARD OF LAND COMMIS MERS <br />1313 Sherman Strait, Room 624 <br />Denver, CO 80203 <br />Phone: (303) 8663454 <br />Fax: (303) 866-3152 <br />June 20, 2008 <br />D"Ohnentot r?'fanaging <br />State "X rust Lands <br />Ms. Carol Kuhn <br />Planning Division <br />Arapahoe County Public Works and Development <br />10730 E. Briarwood Ave., #100 <br />Centennial, CO 801.12 <br />Subject: Planning Division Phase 11 Referral- Coal Creek Resources Operation <br />N RRW, Jr. <br />Governor <br />Hams D. shmman <br />D"&ft"d NA" Resources <br />Ewen# a D'necWr <br />ift 9*hs <br />SWe Smd of Land Cwviss. fs <br />Ac*q LVns+wr OkacW <br />Dear Ms. Kuhn: <br />The Colorado State Board of Land Commissioners, the "Board" has approved a <br />revised plan for the mining of the Lowry Range tinder the Schmidt Construction <br />Company (Schmidt) contract. This revised plan takes into consideration the conservation <br />of the Piedmont Grassland community, the Board's obligations under the Schmidt mining <br />lease and the Board's fiduciary duty under the state constitution. <br />The Board entered into an agreement to develop approximately 4,000 acres of the <br />Lowry Range north of Quincy Avenue and tp conserve 17,000 acres to the south of <br />Quincy. As the Board has stated its commitment before, the development and the <br />conservation must go forward together_ Neither can stand alone nor can one be sacrificed <br />for the other. <br />The land use issue before the Arapahoe County Commissioners is the subject of <br />this letter. The. Board's lessee, Schmidt, has applied for its Arapahoe County Use by <br />Special Review (USR) permit Schmidt previously received a modification to its existing <br />reclamation permit from the Colorado Division of Reclamation, Mining and Safety <br />(DRMS). <br />It is our understanding that the Arapahoe County Planning Department has <br />proposed additional requirements on the USR permit beyond those of the DRMS. One <br />such requirement deals with the acreage that would be disturbed under the permit <br />expansion. no Board's lease with Schmidt was extended: to include an additional 1,600 <br />acres. The original proposal for the USR was over 700 acres. The 1+ocation of the 700 <br />acrd, however lay within an outline of grasslands identified by the Colorado Natural. <br />Heritage Program as a rare Piedmont grassland suitable for protection through <br />conservation. Schmidt re-submitted its plan reducing its disturbance in the new permit <br />area to 300 acres. <br />COMM SSMERS: Mdiele A. 8lmn, RWwd L Downey. Sk-;en O. ice, Thmnas R H DA 5ttirtey W. Watson