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~~ <br /> <br /> <br />Mr. Fred Banta <br />May 18, 1984 <br />Page Two <br />4. The material, in its present <br />location at Hotchkiss Coa <br />Yard, is posing no imminent danger to the environment or <br />to the health or welfare of the public. <br />5. A substantial legal question exists as to whether the <br />material is "underground development waste", whether that <br />portion of the material owned by Arlie Clark Construction <br />Company is truly waste material and and whether the <br />jurisdiction of MLRD extends so far as to require WECC to <br />retrieve material it does not own. <br />lJe accordingly request an extension of the abatement date for <br />removal of the material from the Hotchkiss Coal Yard to August <br />]4, 1984. We have ceased deliveries to Arlie Clark Construc- <br />tion Company in accordance with the NOV and intend to shortly <br />file a Petition to Review with the Board in order to resolve <br />the legal questions involved. <br />If you have any questions or need any additional information, <br />please do not hesitate to ca]1 me at 293-7949. We appreciate <br />your cooperation in our mutual efforts to amicably resolve <br />this problem. <br />Sincerely, <br />~? ~~'~. <br />Paig e Seville <br />Sr. Permits Coordinator <br />Permitting and Compliance <br />PBB:ac <br />cc: C.W. Foster <br />T.F. Linn <br />