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unu.rs of v <br />//o Kev+rremff <br />~ ,.Energy <br />CERTIFIED <br />VIA FAX -HARD COPY TO FOLLOW <br />Ms. Erica Crosby <br />Colorado Division of Minerals and Geology <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />III IIIIII III IIII III <br />RE(`,EIVEL <br />FEB B ~ 1996 <br />Division of minerals 8 Geology <br />RE: Colowyo Coal Mine, C-81-019 <br />Minor Revision No. 32 <br />Request for Formal Board Hearing <br />Dear Ms. Crosby: <br />James A Kleer <br />Senior Fnviroomm[al En~ec <br />5731 8(ate Highway 13 <br />Meekc, Colorado 81641 <br />(970)824-1572 <br />(970)824-0459 FAX <br />February 2, 1996 <br />On January 24, 1496, Colowyo received notification of the Division's intention to deny Minor <br />Revision No. 32. In accordance with Rule 2.08.4(5)(c)(iii) Colowyo is hereby requesting a formal hearing <br />before the Mined Land Reclamation Board. <br />The circumstances surrounding MR - 32 are covered in two Colowyo corcespondences to the <br />Division dated December 12 and 15, 1995. in particular, the Permit modification addressed in MR - 32 to <br />extend the time frame for storage of surge topsoil piles adjacalt to the reclaimed areas is intertwined with the <br />issues associated with NOV C-95-026. Because we believe that MR - 32 adequately and more appropriately <br />addressed the resolution of the topsoil issues prior to the issuance of the NOV, Colowyo believes the <br />issuance of NOV C-95-026 was inappropriate, unwarranted and should clearly be vacated. <br />Moreover, we believe that when the circumstances surrounding the NOV are completely reviewed at <br />the Assessment Conference to be held on February 5, 1996, the NOV will be vacated and MR - 32 will <br />continue to remain the most appropriate mechanism for extension of storage time frames for the subject <br />topsoil. If the NOV is not vacated at the Assessment Conference and the issue can't be resolved by any <br />subsequent procedure, Colowyo wishes to preserve the right to present our case before the Board for final <br />resolution. <br />Please wntact me if you have any questions concerning this matter. <br />Sincerely, <br />~ u~ ~ ~ '~ <br />'~ames A. Kiger <br />Sr. Environmental Engineer <br />xc: R.G. Atkinson <br />Files <br />