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Sherman & Howard t..L.c. <br />Mr. Larry D. Oehler <br />July 1, 2005 <br />Page 2 <br />with respect to Sections 3.1.5 (9) (b) (volume of material to be backfilled); (c) (signed affidavit <br />certifying that the material is clean and inert); (d) (the approximate dates the proposed activity <br />will commence and end); (e) (an explanation of how the backfilled site will result in apost- <br />mining configuration that is compatible with the approved post mining land use); and (f) (a <br />general engineering plan stating how the material will be placed and stabilized in a manner to <br />avoid unacceptable settling and voids). The Division would have to stretch a great deal to <br />torture the two-paragraph letter of February 16 and the attached sketch into compliance with <br />these requirements. <br />The 30-day clock cannot begin to run until such notice is provided. <br />We are concerned that the Trust may incur great harm if the operator is allowed to <br />proceed with the quick fix that the proposed TR describes. We have been working for some <br />time with others to develop a better proposal from a successor operator. Quick approval of <br />AF&S's proposal could defeat that result. <br />Very truly yours, <br />Gary L. Greer <br />Attorney for the Mann Trust <br />GLG/dmc <br />co: Mr. John Corkle <br />Mr. Ben Frei <br />Mr. Eric Reckantine <br />