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i <br />I~- <br />•~`I~ F.cCE!VED <br />I ~ ": i <br />PAV/NG COMPANY <br />MINED L4ND RECLnnuTlO~ ~ COnI <br />COLO. DE%T. OF NATUks,! R:SC:irtCFS <br />POST OFFICE BOX 229, BOULDER, COLORADO 80302 PHONE: (303) 444-2751 <br />September 18, 1980 <br />Mr. David Shelton, Director <br />Mined Land Reclamation Board <br />1313 Sherman Street, 4th Floor <br />Denver, CO 80203 <br />Dear Dave: <br />At the hearing on the Bourg coal mine possible violation September 8, <br />1980 you stated that the hearing would remain open pending a review <br />of the state statute on the question of whether it requires a miner <br />to use material for sedimentation pond dams from the pond area or whether <br />the possibility remains open for a miner to construct the dam with <br />appropriate overburden from elsewhere on site. Flatiron took the later <br />course in its construction of dams in opening up the mine. <br />Both y.u and Fred assured Flatiron that no legal rights were being <br />waived, especially in terms of time periods within which the company <br />would need to take action in regard to defending itself against the <br />charge of violation. This letter is meant as written verification <br />that all Flatiron's rights in this matter remain intact while the <br />conference decision is pending. <br />Please let me know if we can provide further information or defense <br />for our case. As you know, we have requested a ruling of "no viola- <br />tion". This case is very important to us as part of the "pattern of <br />violation" record for our operation at Bourg. <br />Sincerely, <br /> <br />{Mrs.) Margaret Winter <br />