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<br />• ~~:,~ <br /> <br />WELBORN, DUFFORD, BROWN ~ TOOLEY <br />Mr. Robert Shukle <br />Mr. David C. Shelton <br />Jerry W. Goad, Esq. <br />November 12, 1986 <br />Page 2 <br />paragraphs 1-7 is the bare procedural background necessary to <br />understand the context of the Agreement. As a result of these <br />changes, the phrase "both existing portals" has been substituted <br />for the reference to the A-seam and B-seam workings' portals in <br />the new paragraph 10, along with certain other minor <br />clarifications. <br />The MLRD's proposed revision to i;ie former paragraph 8 <br />(new paragraph 7) has been made. <br />We have deleted former paragraph 12 regarding <br />underground seals or dams. This part of Snowmass' original <br />settlement suggestions in August assumed that the underground <br />dam would only have to separate gravity flow from the B-seam <br />because there would be drainage through the B-seam portal seal. <br />With the demand for a complete seal of that portal, and the <br />resulting hydraulic head, Snowmass doubted that an underground <br />seal designed to segregate B-seam drainage could be built. <br />Nevertheless, we left that in our prior draft so long as it was <br />not subject to review and approval by MLRD as a permit <br />revision. With the MLRD's proposal to make the underground seal <br />subject to a permit revision as well, we believe it should now <br />be deleted entirely. Besides, it is redundant of the portal <br />seals. We understand that Candy Thompson will be discussing <br />this with Jim Stover. <br />The requirement for approval by the Reclamation Board <br />remains in this draft. I have discussed that issue briefly with <br />Linda White and she will be contacting Mike Long about it. <br />We look forward to your review and comment on the <br />enclosed draft at your earliest convenience. <br />Sincerely yours, <br />RLF/ppm <br />Enclosure <br />cc: James Stover <br />Linda White, Esq. <br />WELBORN, DUFFORD, BROWN & TOOLEY <br />i <br />.Cz L~~~ ~~ yam' <br />Richard L. Fanyo // <br />