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• ~ III IIIIIIIIIIIII III <br />American Shield Coal Company <br />Suite 175 <br />10830 North Central Expressway <br />Dallas, Texas 75231 <br />(214) 692-7872 <br />August 24, 1990 <br />VIA EXPRESS MAIL <br />Mr. Fred Banta <br />Mined Land Reclamation Division <br />131 Sherman Street - 2nd Floor <br />Denver, Colorado 80203 <br />RE: NOV N0. C-90-030 <br />Dear Fred: <br />RECEIVED <br />AUG 2 8 1990 <br />Mined Land <br />Reclamation Division <br />American Shield Coal Company is requesting vacation of the recently issued <br />Violation C-90-030 at the Fruita Mines due to the following grounds: <br />1. The violation states that a permit condition has been violated on the site. <br />In reality, there is no current permit for the site. <br />2. A final reclamation plan was submitted to the Division in September of 1989 <br />and was to be implemented in the spring of 1990. American Shield has been <br />extensively involved in a lawsuit with the previous manager of operations which <br />prevented all cash outlays in 1990. American Shield could not produce the <br />funding required to begin the reclamation; therefore, a partial bond release was <br />requested which is to be used solely for reclamation. We have been working with <br />Randy Price of the Division on this bond release, and it is currently in the <br />third week of publication. <br />3. We did do all portal backfilling and sealing in 1989 in addition to removing <br />almost all surface facilities. <br />4. We have recently completed drainage maintenance on the site after some heavy <br />rains in July. We are trying to maintain the site until the bond release is <br />granted. At that time, full reclamation will be undertaken. <br />We understand that the Division has been frustrated in the attempt to get the <br />Fruita Mines reclaimed. We want you to know that we seek the same goal. Also, <br />the public comment period will end for the current bond release in the third <br />week of September, 1990. All contractor arrangements have been made for final <br />reclamation immediatly after bond release. We are so close to beginning the <br />work; we respectfully ask that the Division be patient far a short time longer. <br />Very truly yours, <br />r <br />J. A. Crichton <br />Chairman <br />.4 SU6SlDL1R1' OF AR.~IBIAA' SIfIELD DEl'ELORVEM1'T Cn4P:1N}" <br />