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,. . S III III IIIIIIIIII III T 999 DELANEY SC BALGOMB, P. G. ATTORNEYS AT LAW DRAWER 190 GLENWOOD SPRINGS, COLORADO 61001 ROBERT pEL A.N ET KENNETH BRLCOMB J OHN A. TMULS ON EOWPRD MULN4LL. JR. "p BERT `. EOTTER January 19 , 1981 SCOTT M. BGLCO MB OnVIO R. STURGES LAWpENCE p. GRECN iNOpEW O. NORCLL Mr. David Shelton, Director Mined Land Reclamation Colorado Department of Natural Resources 423 Centennial Building 1313 Sherman Street Denver, CO 80203 • IF .~~: ~I I•i rJ ', I;~O~ r~.~lnrlfl,N°2.'2 +k~81--'~ ^,I~,irora Cel~. Dept. c•. MINED SAND ~CISR~>~~~~'~' S~~. t~5 C.OI ~~ ALIJ'~~~ °C 3 Re: Dorchester Coal Company Fruita Mines CMLR Permit #79-60 ug/c Request for Advisory Opinion - Alluvial Valley Floor Dear Dave: Dorchester Coal Company (DCC) pursuant to the authority and requirements of §34-33-131, C.R.S. 1973, as amended, and Rule 2.06.8(3)(a) of the CMLR Board, herein requests the Board to render an advisory opinion on whether or not the area of the land to be affected by DCC's existing and soon to be re-permitted operations at its Fruita mines in Mesa County, Colorado, are in, adjacent to, or under an alluvial valley floor (AVF). Based on the opinions of DCC consultants and other federal and state agencies, it is DCC's belief that the area of land to be affected at its Fruita mines are not in, ad- jacent to, or under an alluvial valley floor as that term is so defined in §34-33-103(2) C.R.S. 1973, as amended. In support of this contention and request, DCC submits the following: 1. The basic information on DCC's Fruita mines as currently permitted is to be found in CMLR Permit File No. 79-60 ug/c. DCC intends to submit shortly a new permit ap- plication under the new Colorado permanent program performance standards. This new permit application will affect the same general permit area. 2. Exhibit 1, attached, is entitled "Access Map"