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_ENFORCEMENT - M1978352 (11)
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_ENFORCEMENT - M1978352 (11)
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Last modified
8/11/2022 2:33:32 PM
Creation date
11/21/2007 10:04:08 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978352
IBM Index Class Name
Enforcement
Doc Name
AFFIDAVIT OF MARK A HEIFNER 79-CV-1633
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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1 that they put in flagmen: We know for a fact that many times <br /> 2 there are not flagmen there and we have advocated and, if I <br /> 3 may quote from my letter, no vehicles or personnel of Brush <br /> 4 Creek or Eagle River Co. , Nottingham' s or any other company <br /> 5 or individual working for Brush Creek, Nottingham on the <br /> 6 coal mining operation be allowed to enter upon or cross our <br /> 7 right of way except at established, protected, public cros- <br /> 8 sing, the type of protection to be determined by the Colo. <br /> 9 Public Utilities Commission. Now we have been in correspon- <br /> 10 dence with earlier Brush Creek, Nottingham on this subject <br /> 11 and we have more or less agreed that they will go to the <br /> 12 expense of putting in these crossing signals. We would be <br /> 13 willing to work out some sort of contract. But to date we <br /> 14 hadn' t had any real concrete agreement with them, or any <br /> 15 concurrence at all, that they would be willing to enter upon <br /> 16 any such agreement with us. <br /> 17RW: A signal that this particular crossing is on? <br /> 18C: This particular crossing, yes. <br /> 19RW: That would be a flag kind of . . . . <br /> 20C: Yes, we would like , since there are 2 tracks there, the main <br /> 21 line track and a passing track, we would like to put in a <br /> 22 crossing protection arms at this particular crossing. These <br /> 23 trucks when they are fully loaded an accident could occur <br /> 24 from the railroad hitting the truck. Lots of times these <br /> 25 trucks are carrying gasoline, I would imagine, possibly ex- <br /> 26 plosives , a lot of things that could be very dangerous. I <br /> 27 would respectfully submit to you gentlemen that you consider <br /> 28 this in your approval of this application. We feel that <br /> 29 before the mining operation commences that some agreement <br /> -9- <br />
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