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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />October 6, 2009 <br />0 <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION . <br />MINING <br />SAFETY <br />Michael Joseph Keighley <br />1495 Cherry Gulch Rd <br />Durango, CO 81303 <br />Re: Termination of Jurisdiction for the Arness-McGriffin Mine, DRMS File C-81-042 <br />Dear Sir or Madam <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Colorado Division of Reclamation, Mining and Safety (Division) is initiating the process of terminating its jurisdiction <br />over the reclaimed Arness-McGriffm Mine. The Arness-McGriffin Mine is an underground coal mine where mining <br />activities were most recently conducted under Minerals Program permit 77-3 ug/c, which expired in 1981. The site is <br />located in La Plata County, Colorado, 4.5 miles west of the town of Durango, next to U.S. Highway 160 on the north side of <br />the road. The permit area is located on private land in the SW % Section 16, T35N, RIOW, of the New Mexico Principal <br />Meridian. Coal ownership is state. The permit area encompassed 40 acres, of which approximately 5 acres of land surface <br />were disturbed. <br />The operator of the mine was Arness and McGriffin Coal Company who held Minerals Program permit 77-3 ug/c, issued in <br />1977. The operator applied for a coal mining and reclamation permit (file no. C-81-042), but did not complete the <br />application process. The permittee had disturbed 5 acres on the site in preparation for underground mining, but ceased <br />operations prior to excavating a portal and underground entries. The Mined Land Reclamation Board issued a Cessation <br />Order in 1984, and ordered forfeiture of the $13,750 of reclamation bond that had been associated with permit 77-3 ug/c. <br />The Division reclaimed the disturbed area on the Arness-McGriffin site in 1989 and 1990, using all of the funds from the <br />forfeiture of bond associated with permit 77-3 ug/c. Reclamation work included backfilling the portal face-up area, <br />replacing growth medium, and seeding. In 2000, the Division had a private contractor regrade the access road and install a <br />post and cable guardrail next to the road in the portal face-up area. No additional funds are available for reclamation or site <br />maintenance. <br />Successful achievement of reclamation of the site has been demonstrated during the last 19 years by: stability of slopes; <br />local successful revegetation of grasses, forbs, and shrubs; lack of noxious weeds on most of the site; minimization of <br />impacts to the hydrologic balance within the previously permitted area; and prevention of material damage to the hydrologic <br />balance outside of the permitted area. <br />Written comments, objections, and requests for an informal conference or a formal public hearing before the Colorado <br />Mined Land Reclamation Board may be submitted to the Colorado Division of Minerals and Geology at the address above <br />within 30 days of the site inspection that will be conducted for this termination of jurisdiction. If you have any questions, <br />comments, or concerns regarding this termination of jurisdiction, please contact the Colorado Division of Reclamation, <br />Mining and Safety at 1313 Sherman St, Room 215, Denver, Colorado, 80203 or call (303) 866-3567, extension 8128. <br />Sincerely, <br /> <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />Certified Mail - Return Receipt Requested, Article no. 7005 0390 0002 8281 9226 <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines