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:. i • -c <br />ROBERT L. NCDOUGA~ <br />GERTRUDE A. SCORE <br /> <br /> ' OF FiCC9 OF <br /> RoEie ar L. McDOUGA~ <br /> <br /> ATTORNCY AT LAW - ~ <br /> A PR OFC99iONAL CORPORATION <br /> 232 WC9T 13TH AVCNUL <br /> DCNVCR, COLORADO e020+ <br /> i 3D3 e3+~eiTe March 8, 1981 <br />MINED LAND RECLAMATION <br />Department of Natural Resources <br />State of Colorado <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Attention: Roger S. Funston <br />Reclamation Specialist <br />Dear Mr. Funston: <br />Re: Sunland Mining Corp- <br />Apex No. 2 Mine <br />Your File ~~79-55 <br />Mr. Edwin and Mrs. Evelyn Yorty are in receipt of the <br />legal notice, wherein, the Sunland 14ining Corporation made an <br />application to conduct coal mining under the provisions of the <br />Colorado Surface Coal Mining Reclamation Act 1979 covering an <br />expanded area, for the purpose of explanding the operation of <br />several mining corporations. <br />Approximately two years ago, before operations commenced, <br />the representatives from Sunland Mining Corporation, their <br />Mining Engineer, an expert, suggested that another entrance be <br />made from the hill on the lease land, across from the present <br />operations. It appears to Mr. and Mrs. Yorty that the expanded' <br />operations and a new entrance on the hill would be on the Yorty <br />property, which they object to. It has been the contention of <br />Mr. and Mrs. Yorty from the beginning, that the whole operation <br />is hazardous, and that this contemplated expanded operation would <br />increase the hazard. <br />The 80 acres owned by Mr. and Mrs. Yorty was purchased by <br />them, as a place to retire, as a place where they could enjoy <br />peace and solitude, without expanded operations. According to <br />the Colorado Surface Coal Min in p, Reclamation Act, Paragraph 11, <br />Rule 1223, Section 34-33-1220 (2) (h) provides that an existence <br />of any condition or practice in orhicft there is imminent danger to <br />the health and safety of the public or any violation of a permit <br />or other requirement in the surface c9~v~ mining, and reclamation <br />which could reasonably be expected to cause substantial physical <br />harm to persons outside the permit area, said violation can be <br />abated. <br />Mr. and Mrs. Yorty previously had called attention to the fact <br />R . in ilk .~ <br />