Laserfiche WebLink
09-14-07; 12, 01PM; ;970 241 1516 # 2/ 2 <br /> STATE OF COLORADO <br /> DIVISION OF RECLAMATION,MINING AND SAFETY <br /> Department of Natural Resources <br /> 1313 Sherman St.,Room 215 C O L O R A D O <br /> Denver,Colorado 80203 D I V I S I O N O F <br /> Phone:(303)866.3567 RECLAMATION <br /> MINING <br /> FAX:(303)832-8106 <br /> SAT ETY <br /> BIII Owens <br /> Governor <br /> April 20,2006 sell George <br /> Executive Director <br /> Mr.John Morris Ronald W.Cattany <br /> Cho Acacia LLC Division Director <br /> 2500 East Kearney Street Natural Resource Trustee <br /> Springfield,Mo. 65898 <br /> Re: Coal Basin Mine Reclamation <br /> Dear Mr.Morris: <br /> The Colorado Division of Reclamation,Mining and Safety("Division")is responsible for <br /> permitting and regulating coal mining in the State of Colorado. See C.R.S. § 34-33-101, <br /> et seq. As you are probably aware,the Coal Basin Mine was a permitted coal muting <br /> operation, Because the State revoked the Coal Basin Mine operating permit,the Division <br /> accomplished site reclamation in lieu of the operator doing so. <br /> The property Acacia LLC ("Acacia")owns is located in the Coal Basin mining permit <br /> boundary, and was reclaimed by the State. The reclamation activities performed on the <br /> property now owned by Acacia were conducted pursuant to regulatory requirements and <br /> encompassed by an agreement executed by the property owner of record at that time, <br /> MidCon Realty LLC and the State. This agreement was recorded at the Pitkin County <br /> Clerk and Recorder's office in March,2002. The Division completed the reclamation <br /> work a number of years ago. As a result,we have met our reclamation obligations at the <br /> private property in Coal Basin. <br /> Due to coal mining's statutory and regulatory structure,the State continues to maintain a <br /> level of regulatory authority at the property now owned by Acacia. For example, the <br /> State must continue to conduct certain inspections at the site. It has comes to our <br /> attention that Acacia has done earth work on the property reclaimed by the State,thereby <br /> changing the land forms created by the State's reclamation. Given this and the fact that <br /> the State completed reclamation a number of years ago,we believe it is in the best <br /> interest of the State and of Acacia for the State to terminate its authority at the private <br /> property in Coal Basin at this time. Termination of this authority will allow the State to <br /> expend its resources elsewhere, and will ensure that the Acacia activities in Coal Basin <br /> continue without any involvement by this agency. <br /> We will soon begin the process of terminating our regulatory authority at the Acacia <br /> property. In order to move forward with this termination of authority, we request that <br /> Office of <br /> Office of Active and Inactive Mines <br /> Mined Land Reclamation <br />