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' -; - Fa~~Ln arm WOODS, EC. .~-rotu~YS nxn couxsEwxs nT taw June 13, 1995 Page 2 While the Board has decided the procedural issue, Boulder is still awaiting action on its substantive objections to the proposed changes to the Permit, as expressed in its April 21 letter. To our knowledge, the Office of Mined Land Reclamation (the "Office") has not yet acted on the substantive objections set forth in that letter. Specifically, 2 C.C.R. 407-1, § 1.7.4(1) provides that comments regarding Regular 112 operations shall be submitted in accordance with subsection 1.7.1. Again, subsection 1.7.1 permits any person to submit written objections to any application for a revision to a previously granted permit. In its April 21 letter, Boulder submitted its objections to thy: Operator's proposed Technical Revision of its Regular 112 permit. 2 C.C.R. 407-1, § 1.7.4(2) provides that the Office, upon receiving a timely objection in accordance with § 1.7, must set the application for a hearing before the Board and schedule an Informal Conference as provided in subsection 1.4.6. Dan Frost of this office previously requested an Informal Conference and hearing in a letter to Carl Mount, dated April 21, 1995. To our knowledge, the Office has neither scheduled an Informal Conference, nor set the application for a Technical Revision for a hearing before the Board, in order to address the substantive objections set forth in Boulder's April 21 letter. Boulder timely submitted its objections to the proposed Technical Revision, pursuant to § 1.7.1. This letter renews Boulder's formal request, as first expressed in Mr. Fro:;t's April 21 letter, that the Office schedule an Informal Conference to address Boulder's substantive objections to the Technical Revision, as required by § 1.7.4(2), and that the Office also set these substantive objections for a hearing before the Board to take place after the Informal Conference, as also required by § 1.7.4(2). Sincerely, ~( ~t/~ G~usi"" ' Philip J. Roselli of FAIRFIELD AND WOODS, P.C. ATTORNEYS FOR THE CITY OF BOULDER PJR: sc