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~ ~ iii iuiiiiuiiiiiii <br />DEPARTMENTOFNATURALRESOURCES <br />David H. Getches, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />RAC nartl D Lamm <br />GuvPmor <br />October 6, 1983 ~~ <br />T0: Brian Munson ~~~/ /„ „ <br />FROM: Dan Mathews ~?`// v~ <br />RE: BLM-MLR Coordination on Deserado Mine <br />File No. C-018-81 <br />I met with Dave Harper and Curt Leet at the Meeker BLM office on <br />September 28, 1983. We discussed the problem of overlapping jurisdiction at <br />the Deserado mine. Over the past several months, communication between MLR <br />and BLM has fallen off somewhat, due primaril,% to personnel changes at the <br />Division. Below, I have summarized the reaso~rs for the jurisdictional <br />confusion at Deserado, and the approach which the BLM representatives and I <br />agreed to. The approach does not differ significantly from that outlined by <br />Ed Bischoff in his April, 1982 letter. <br />The reason that the degree of BLh1 involvement at Deserado is higher than at <br />other Federal mines is because major portions of the permit area (the rail <br />loadout and the refuse disposal area) are located outside the boundaries of <br />the coal lease area. Western Fuels obtained right-of-way grants from the 8LM <br />for these areas. Aright-of-way grant is similar to our permit, in that it <br />allows for certain activities to be carried out within a specific area and <br />contains conditions or stipulations regarding environments] protection and <br />reclamation. <br />The rail loop and the refuse area and associated access roads are within the <br />coal permit area and, thus, are covered by two separate permits, the MLR <br />Mining and Reclamation Permit and the BLM Right-of-Way Grant. Preswnably, the <br />conditions contained within the two original permits were very similar, if not <br />identical. It follows, then, that any revisions to one of the permits will <br />require formal revision of the other permit. Prior to April, 1982, Western <br />Fuels submitted duplicate revision requests which were reviewed separately by <br />MLR for mine permit compliance and BLM for Right-of-Way Grant compliance. <br />This was counterproductive for all parties involved. The review procedure <br />agreed upon during the meeting is a slightly modified version of Ed Bischoff's <br />April, 1932 procedure and is outlined below. <br />1. Deserado submits three copies of a revision application to MLR <br />(minor, technical, or permit revision, as appropriate). <br />MLR immediately sends one copy to BLht. <br />423 Centennial F3uilding. 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />