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<br /> <br />that the diversion ditch structure installed by the Petitioner <br />was inappropriate under the cited regulation. <br />5.5 The interpretation placed by the Authorized <br />Representative of the Secretary upon Reg. 30 CFR 715.17 (c) <br />is beyond the scope of such regulation. <br />5.6 The diversion structures installed by the <br />Petitioner were in full conformity with the requirements of <br />a recently approved technical revision to the Petitioner's <br />Colorado permit No. 78-45. <br />6. Petitioner requests a hearing at a site convenient <br />to the parties, either in Routt County, Colorado, at the <br />offices of Petitioner's attorney in Fort Collins, Colorado, <br />or at the offices of the Field Solicitor for the Department <br />of the Interior in Denver, Colorado. <br />7. Petitioner requests that Violation No. 1 issued <br />under NOV 79-5-7-4 be vacated. <br />,DATED at Fort Collins, Colorado this 28th day of April, <br />1980. <br />MARCH, MARCH, MYATT, KORB <br />& CARROLL <br />By: <br />Mark L. Korb <br />Attorney for Petitioner. <br />110 East Oak Street <br />Post Office Box 469 <br />Fort Collins, Colorado 80522 <br />' Telephone: (303) 482-4322 <br />ADDRESS OF PETITIONER: <br />The Rockcastle Company <br />Donald C. Mallory, President <br />Post Office Box AA <br />Routt County <br />Hayden, Colorado 81639 <br />- 3 - <br />I ~ li <br />