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Mr. Fred Banta <br />January 11, 1984 <br />Page Two <br />and/or 2.08.4). This effort to resolve any ambiguities in <br />Special Stipulation No. 1 should be undertaken as promptly <br />as possible even if Eastside Coal elects to immediately <br />convert its current exploration approval into a regular §110 <br />permit application as suggested by you and Dan Mathews in <br />our discussion. The minimum time requirements for public <br />notice and comment and the normal effort to review and <br />process such a §110_permit application will leave a relatively <br />substantial time under which these ambiguities will remain <br />open for various interpretations and agency or corporate <br />actions by the Division and Eastside Coal. Thus, it is my <br />firm belief that it is in the mutual interests of both the <br />Division and Eastside Coal to attempt to clarify these <br />issues. <br />For the sake of discussion purposes, it appears <br />appropriate for the parties to meet and attempt to reach <br />some understanding on the following issues: <br />1. What form or degree of proof is appropriate <br />to insure that coal moved from the site is to be used <br />for test burn purposes? <br />2. If an adequate proof form is resolved for the <br />various types of possible coal transactions, should <br />the Division require advance written approval from <br />the Division to be received by Eastside Coal prior to <br />authorization being granted on a transaction by trans- <br />action basis for transport of such coa o the explor- <br />ation ~? <br />3. Assuming proper and agreed upon documenta- <br />tion is submitted by Eastside Coal to the Division, <br />and there is some short term (i.e., winter months) <br />demand for small volume test burns in the local area, <br />could the Division agree to some small monthly allot- <br />ment (e.g., 200 tons a month)_fo_r such t burn <br />transactions? <br />~- <br />There may be some other issues or proposals which <br />merit attention and discussion. These particular ones are <br />the items which seem to arise most readily from our discussions <br />to date. <br />We very much appreciate your time and consideration <br />given to our discussion today. We now respectfully ask for <br />your further cooperation and consideration of these items as <br />outlined above or which might arise from our further dis- <br />cussions. <br />