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• <br />~.. ~. <br />C ONOVER, MCG LEARN EC HEPPE NSTALL <br />PR OFESSIO N.L CORPO RATION <br />ATTORNEYS ANO COUNSELLORS AT LAW <br />SW~E 2600 <br />n)5 SMERM~N STR EEi <br />DENVER,COLO RADO 80203-4322 <br />REC~~'E~ ~~~~~ / <br />/~~Y~e,~~`1 <br />SEP 2 6 1965 <br />MM1E0 LANp <br />RECLAMATION D~~IL~S+ct X30 ]I 83)-9222 <br />IELECO PIER (30 ]I 2P~ 09)5 <br />September 24, 1985 <br />MICHAEL S. MpCARTMY <br />Mr. David C. Shelton, Director <br />Colorado Mined Land Reclamation Division <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Re: Colorado Yampa Coal <br />No. C-85-044/Request <br />Hoard Public Hearing <br />Company/Notice of Violation <br />for Mined Land Reclamation <br />Dear Mr. Shelton: <br />This firm represents Colorado Yampa Coal Company (CYCC) <br />in connection with the Notice of Violation (NOV) referred to <br />above. <br />On behalf of CYCC we request a public hearing before the <br />Mined Land Reclamation Board pursuant to § 34-33-124(1), <br />C.R.S. and Rule 5.03.5. CYCC requests a public hearing for <br />the express purpose of obtaining review by the board with re- <br />spect to both the issue of whether a violation in fact oc- <br />curred and the amount of the penalty assessed in connection <br />with the subject NOV. As required by applicable statute and <br />regulation, we have enclosed CYCC's check in the amount of <br />$250 representing the penalty assessed by the Division. <br />CYCC objects to NOV No. C-85-044 on the grounds that it <br />did in fact employ required soil stabilization practices as <br />soon as possible following the reapplication of topsoil and <br />the reseeding of that portion of its permit area involved in <br />this NOV. The subject area was re-topsoiled, chisel plowed, <br />seeded, and diversion ditches were installed in the fall of <br />1984; however intervening weather conditions, specifically <br />moisture accumulations in thF form of snow and rain, prevented <br />CYCC from operating machinery in the re-topsoiled area neces- <br />sary to create contour furrows, in order to complete soil sta- <br />bilization controls. Contour furrows where in fact installed <br />by CYCC in the subject areas in the spring of 1985; which was <br />the soonest that weather and related soil moisture conditions <br />would permit. Indeed, the contour furrowing occurred as early <br />as possible in the next planting season following reapplica- <br />tion of topsoil. <br />CYCC thus submits that the timing for its implementation <br />of soil stabilization measures was entirely consistent with <br />the terms of its approved permit at page 2.05.784 of Volume 1 <br />