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<br />BENDELOW & DARLING, P.c. <br />Attorneys at Law <br />Stephen B. Johnson <br />Via Telefax # (3031 832-8106 <br />July 3, 1996 <br />Qct^,FIVED <br />~uL 0 5 1996 <br />,~~:'~ <br />Mt. Ira Paulin, Chairperson <br />Colorado Mined Land Reclamation Board <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />lji,;,~ion of Minorllo d G20109Y <br />Re: Comment on Application for Amendment to Regular 112 Operation M-88-037 Hawks <br />(United/Norwood) Pit -Expansion; Request for Acceptance of Comment Letter and <br />Determination of Objector Status <br />Dear Mr. Paulin: <br />Our firm prepared the attached comment letter on the above-referenced application dated July 3, 1996 <br />on behalf of Ms. Abby Altshuler. Ms. Altshuler was just advised on July 2nd during telephone <br />conversation with Larry Oehler that the comment deadline on the above-referenced application was June <br />18th. Ms. Altshuler had previously spoken with Mr. Jim Stevens on 5/16/96 and understood that the <br />"comment deadline" was July 26, when in fact July 26 was set as the "decision date." Please refer to <br />Ms. Altshuler's letter dated 7/3/96 attached herewith. In reliance on her conversation with Mr. Stevens, <br />Ms. Altshuler directed us to prepare a comment letter on her behalf by July 26. In several conversations <br />between Mr. Stevens and Nicole Pieterse, an associate with our office (most recently June 21), Ms. <br />Pieterse specifically requested documents for the express purpose of completing a comment on Ms. <br />Altshuler's behalf, no mention was made by Mr. Stevens as to the comment deadline. (Please refer to <br />enclosed letter from Ms. Pieterse to Mr. Stevens dated 6/25/96 confirming this dialogue and referencing <br />the assumed comment period deadline within "one month"; also please refer to the enclosed letter from <br />the undersigned to Division IV Engineer Ken Knox dated 6/25/96 referencing on Page 2 the assumed <br />deadline of July 26th.) <br />We understand that no informal conference concerning the application has yet been held, and that no <br />permit approval decision has yet been made by the Division. Ms. Altshuler therefor requests the Mined <br />Land Reclamation Board ("NLRB") and the Division to determine that this comment letter should be <br />received and considered as if submitted within the comment deadline. Ms. Altshuler also requests that <br />BLACK BEAR CONDOMINIUM#201A,101E.ColoradoAve.,P.O.Box726,Telluride,C081435. (970)728-4300 Fax (970)728-5955 <br />