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r <br />• the coal by September 1." Although this letter does not state that <br />the bench area was constructed in 1977, a huge amount of work had <br />to be accomplished before the rock tunnels could be driven. This <br />work involved drilling the slopes, blasting, earthwork removal, <br />bench preparation, equipment and power installation, waterlines, <br />initial rock portal construction, installation of mine ventilation <br />equipment and material handling conveyors and more. From years of <br />experience in mine operation and startup, it is almost impossible <br />to believe that all this work could have been done after 8/3/77, <br />and begin driving rock tunnels in May of 1978. <br />5) Current letter from Charles Silengo, former superintendent of <br />the Dorchester operation, verifying that the bench area for the <br />Fruita #1 mine was built prior to 8/3/77. <br />6) Letter from Joe Nugent of the Division of Mines who worked at <br />the operation in the early 1980's. He states that the original <br />construction schedule called for surface construction in 1976. <br />Since rock tunnels were being driven in the summer of 1978, he felt <br />that it was realistic to believe that the bench area was built <br />prior to 8/3/77. <br />• In view of the enclosed information, American Shield requests that <br />the violation for failure to reclaim the highwall be vacated. <br />American Shield has been through considerable grief over this <br />situation, especially when it is remembered that they were simply <br />following their own approved plan when completing the reclamation. <br />Sincerely yours, <br />(J' y~CL",.C~C, <br />Gre~Lewick i <br />Greg Lewicki and Associates <br />C~ <br />7/iy/~i2 <br />G76 <br />