REV104797 - Laserfiche WebLink

Home Browse Search

:- . . KARL F. KUML1, 111 ATTORNEY AND COUNSELOR AT LAW 1375 WALNUT STREET, SUITE 215 POST OFFICE BOX 2279 BOULDER, COLORADO 80306 ADMITTED TO PRACTICE IN CALIFORNIA AND COLORADO October 17, 1983 Mr. Fred Banta Senior Reclamation Specialist 423 Centennial Building 1313 Sherman Street Denver, CO 80203 ~~I I~~I~~II~I~~~ ~~~ sss TELEPHONE 440-0075 AREA CODE J03 RECEIVED OCT 17 1983 ~~~~P'.h. Re: Meadows No. 1 Mine: MLRD File No. C-029-81 MINED LAND RECLAMATION DIVISION Request for Hearing 0010. DEpL 01 Nrttufel RESOUfCBS Dear Fred: John Eilts hereby requests a hearing on the technical revision of the post-mining topography at the Meadows No. 1 Mine and, in support thereof, states as follows: 1. John Eilts is the landowner and lessor of land covered by the above-referenced permit. 2. The lease, dated May 15, 1975 between John Eilts and Sun Coal provides: "After strip mining the coal, the Lessee [Sun Coal] shall refill and cover the stripped areas with the topsoil from the stockpiles, terracing and sloping the surface to blend with the surrounding area." 3. It is the position of John Eilts that the post-mining topography proposed by Sun Coal, and approved by the Division, does not give effect to the lease provisions set out in paragraph #2. 4. A dispute exists between John Eilts and Sun Coal as to the property rights which Mr. Eilts has by virtue of the lease provision set out in paragraph #2. 5. John Eilts recognizes that neither the Division nor the Board has jurisdiction to adjudicate property rights disputes, as set out at 34-33-110(j), inter alia. 6. However, the Board and Division are charged with finding the applicant has demonstrated that the reclamation required can be accomplished under the reclamation plan contained in the permit application. 34-33-114(2)(b). See 34-33-111(h). 7. John Eilts believes that the reclamation proposed by Sun Coal cannot be accomplished as Sun Coal would be in violation of its lease with John Eilts if it performed the reclamation as proposed.