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HEHBEHT A.DELAP <br />ROBERT J. DYER, Qj <br />R.GHEGORY STUTZ <br />GHAHLES A. MILLEB <br />F. JAMES DONN ELLY <br />JERE MIAR B. HARHY <br />PETER H.BLAIH,JB. <br />SaEILe M. Devls <br />June 28, 1985 <br />.r Y <br />lF1 1~~~ ~ 7 aj\y~ Y~_~ /~ <br />U ~ L~'a ~ J L9 J ~ I ^ ~+ <br />JUL 1'~5 <br />Mined Land Reclamation Board MIivED LAP!D <br />423 Centennial Building ,aECLf~MAI~IOY~I DIVISICM <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Re: Permit No. 74-41, Lawrence Construction Com <br />Gentlemen: <br />iii iiiiiiiiniiiiii <br />999 <br />OF COUNSEL <br />JAMES W. MIEHS <br />CABLE ADDRESS' <br />"D ENMAN SIO N" <br />TELEPHONE (303) 861-1200 <br />51014/98 <br />r Gravel Pit, <br />Cooley Gravel Company has just been advised that the Mined Land <br />Reclamation Board, at its meeting on June 26, 1985, took action <br />with respect to the Cease And Desist Order issued on May 22, <br />1985. It is our understanding that the Cease And Desist Order <br />was modified to allow Brinkmann-Woodward Construction Company to <br />remove stockpiled materials from the Lawrence Pit. <br />We are absolutely astounded that the Board would have taken this <br />action without allowing Cooley Gravel Company to be heard in <br />opposition and we strenuously object to the modification. Prior <br />to the June meeting of the M.L.R.B. the undersigned contacted <br />James McArdle of the Division and at that time we were advised <br />that the only actions affecting the above permit which would be <br />taken at this month's meeting were (i) the request for transfer <br />of mineral permit and succession of operators, (ii) the civil <br />penalties to be imposed on Lawrence Construction, and (iii) <br />Brinkmann-Woodward's request for admission as a party. <br />On June 24, 1985, prior to the meetin we hand-delivered a <br />letter to the M.L.R.B. copy enclosed in which we confirmed that <br />no other action would be taken. No one from the M.L.R.B. or the <br />staff ever advised us that the whole matter of permit violations <br />at the Lawrence Pit would again be taken up at this month's <br />meeting. Yet this is exactly what seems to have taken place. <br />Such action by the Board constitutes a violation of the <br />administrative due process rights of Cooley Gravel Company. <br />The Board's previous Cease And Desist Order is certainly <br />something that could be amended, but hardly without affording us <br />the right to be heard in opposition. Brinkmann-Woodward <br />Construction is now being allowed to conduct operations in <br />designated mining area for which Cooley Gravel is responsible. <br />• <br />• <br />STUTZ, DYER, MILLER 8c DELAP <br />ATTORNEYS AT LAW <br />THE BRIND MANSION <br />825 LO GAN STREET <br />DENVER, COLORADO 80203 <br />