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• II I IIIIIIIIIIIIIIII <br />51P~rE • <br />OF <br />COLORADO <br />DIVISION Of MINERALS AND GEOLOGY <br />Deparlmcnl of Nalur,il Resources <br />1113 Shaman SL. Room 215 ry <br /> <br />Ucnvnr, Colorado RO]01 ~ <br />~ <br /> <br />Phone: 11071 tlfih-}SG: II <br />fA% 13011 R1 _'-DIOG <br /> I~EPAIiTMENT OF <br /> NATURAL <br /> RESOURCES <br /> Rov Romrr <br /> Qrvrrnnr <br /> Iamrs 5 Lorhhrad <br /> EsrcWne Duecbr <br /> hGChaelg Lunti <br /> Drvis~un Direanr <br />October 9, 1997 <br />Mr. Joe O'Brien <br />Red Creek Ranch <br />7600 I-25 South <br />Pueblo, Colorado 81004 <br />RE: NEED FOR STATE RECLAMATION PERMIT; MAJORS AND HATCHET RANCHES <br />Dear Mr. O' Brien: <br />Enclosed are copies of Rules 1.2 and 2.5 from the Mineral or Construction Materials Rulesand Regulations <br />of the Colorado Mined Land Reclamation Board. To determine if you need a permit for your proposed <br />activity, first check Rule 1.2 which describes activities the Board has determined do not require state <br />reclamation permits. If you fmd a match, you can proceed based on your interpretation of the rule, but at <br />your risk. If you want to be sure or are uncertain how the Rule may apply to your activity, you should <br />follow the procedures described under Rule 2.5 and petition the Board for a Declaratory Order exempting <br />your activity from the requirement to have a state reclamation permit. <br />The Board has directed the Division to make a preliminary determination, regarding the petition and to <br />advise you of that determination. A determinationby the Division, however, does NOT give you the level <br />of protection a Declaratory Order from the Board gives. If the Division is uncertain as to your need for <br />a permit, the Division will schedule a hearing before the Board for a Declaratory Order. <br />Please include in your petition answers to the following questions. These are some of the questions the <br />Board typically asks of petitioners for a Declaratory Order for a waiver from the requirement to obtain a <br />Mined Land Reclamation permit: <br />Please give the legal location of the proposed project and submit an index map that clearly <br />delineates the location of the proposed extraction site and the location of the nearest city, <br />town, etc. <br />Is the site of material extraction public or privately owned property? <br />