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r • COLORADO WESTMORELAND INC. III IIIIIIIIIIIIIIII sss P. O. Box E, Paonia, Colorado B142B I 1303-527-4135 August 30, 1979 Hamlet J. Barry III Director The Colorado Mined Land Reclamation Board Centennial Building, Room 723 1313 Sherman Street Denver, Colorado 80203 Re: Orchard Valley Mine Permit 77-35.3 i^IANY OF M(IHCIgN[1 1 I IM I'qN, Dear Mr. Barry: This will confirm the understanding toe have reached regarding the modified Mine flan which we submitted to you on June 18, 1979. While both you and we recognize that there are some uncertainties as to the applicable law at this time, we have aore ~hat~ou will_._treat our modified Mine Plan _as an_ appli- _.. ... cati.o t_o_amend.ouz.._permit_and that you will conduct a joint review of this_.application with the Office of Surface Mining. By submitting to such a joint review, we are not waiving our right to object to the State's assertion of jurisdiction at a later time, particularly in light of the fact that you are still awaiting an opinion of the Attorney General regarding the jurisdictional question. We appreciate your assurance that State participation will not slow the review and approval of our modified Mine Plan; to this end we have begun publication of notice in the Delta County Independent. The last publication will be September 11, 1979. It is our understanding that you will schedule our application for review at the September, 1979 meeting of the Mined Land Reclamation Board, with the provision that issuance of the amended permit will be dependent upon receipt of no major objections subsequent to that Board meeting, but prior to October 1, 1979. We also understand that you will include in the regulations you are drafting pursuant to the Colorado Surface Coal Mining Reclamation Act a provision enabling those holders of permits y'i ni