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Mr. David Shelton January 9, 1984 Page Two We believe this NOV should not be noted as expressly or practically prohibiting the mining of coal as the NOV notes that "for this purpose, 'mining' means extracting coal from the earth or from a waste pile and transporting it within or from the mine site." (emphasis added). The word "and" in this statement causes the confusion with the above referenced written and verbal statements of the CMLRD staff. 2. Handwritten statement, under section entitled, "Time for Abatement", page 4 -- "Immediately and until written approval from the Division authorizes coal removal from the exploration area": This new requirement for prior written approval from the Division goes beyond the precise wording of Special Stipulation No. 1, Exploration Approval CX-186-00 which states as follows: Prior to any transport of coal from the site of the Harvey Gap Exploration Project, the Permittee shall submit to the Division proof that the coal to be transported is committed for testing purposes. The proof must be in the form of a written agreement, such as a contract. (emphasis added) We believe the abatement order must be modified to reflect the exact language of the Special Stipulation No. 1. As it has already been verbally agreed to, please accept this letter as Eastside Coal Company's request for an informal public hearing pursuant to §123(6) of the Colorado Surface Coal Mining Reclamation Act and Board Rule 5.03.2(7). It is our understanding that this informal public hearing is to be conducted at 10:00 a.m. on Wednesday, January 11, 1984, in the conference room of Delaney & Balcomb, P.C. located at 818 Colorado Avenue, Glenwood Springs, Colorado. Thank you for your consideration and cooperation in this matter. Sincerely, DELANEY & BALCOMB, P. . ,~ By W~tLe., ~ ~,~' ^~ ~~I~E~~ David R. Sturg Attorneys for Eastside Coal Company DRS:psv cc: Steve Self