Laserfiche WebLink
<br />Mr. Brian Munson <br />Mined Land Reclamation Division <br />August 5, 1983 <br />Page 3 <br />noted above, §34-33-114(3) which is the cited authority for <br />this particular regulation does no provide such authority <br />for unilateral termination either explicitly or implicitly <br />of a permit after it has been approved and issued. <br />More importantly, Terror Creek Company strongly <br />believes these statutory and regulatory provisions have been <br />wrongly applied against Terror Creek Company. The statutory <br />and regulatory provisions are clearly premised on or covers <br />only violations at any coal mining operation "owned or <br />controlled by the applicant." The facts are clear in this <br />permit application that Terror Creek Company, the applicant, <br />neither owns or controls Bear Coal Company. Thus whatever <br />might result of Bear Coal Company's appeal of its NoV from <br />OSM can have no legal bearing or effect upon Terror Creek <br />Company's permit application awaiting final approval or <br />after approval and permit issuance. <br />Request: Remove the third paragraph under Section 1, on page 8 <br />Terror Creek Company respectfully requests that <br />these requested modifications or deletions be made in the <br />proposed decision prior to final approval by the Division or <br />the Board. If such modifications or deletions are not made <br />as requested herein, we request that this letter be accepted <br />as a formal protest to these matters discussed and be retained <br />in the Division's official file on this permit application. <br />If you have any questions in regard to these <br />matters, please contact the undersigned or Mr. Rick Chilton <br />at Terror Creek Company. <br />Very truly yours, <br />DELANEY & BALCOMB, P.C. <br />~ ~ <br />': ,~~ <br />David R. Sturges %d <br />Attorney for Terror Creek <br />Company <br />DS:sm <br />cc: Stuart Ehrenreich <br />F. R. Chilton <br />Alan Czarnowsky <br />