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iii iiiiiiiiuiiiiii <br />TX EOOO RE L. BROO NS <br />JOMM n.. BROOMS <br />BROOKS & BROOKS <br />ATTORNEYS AT LAW <br />518 MAIN $TRCET <br />P. O. BOX I l9 <br />M ONTROSE, COLD RADO 81402 <br />IJOJI 2~8-951 I <br />RV(IJOJI 2a8-~51~ <br />October 13, 1995 <br />lr~1VED <br />~ 6 1995 <br />Mr. Harry B. Ranney ~ivisionolM,rlerarsa~tuUSy <br />Environmental Protection Specialist <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: TOPSOIL REPLACEMENT AND RECLAMATION AT THE NEW HORIZON MINE <br />PERMIT C-81-008 <br />Dear Mr. Ranney: <br />Pursuant to your letter of August 30, 1995 to the Staats, it was identified <br />that the Division had informed Western Fuels of its requirement to replace 0.8 <br />feet of D/OB topsail on 10.7 acres of reclaimed land within Staats' property <br />boundaries leased to Western Fuels for coal removal. See Exhibit "A" and "B". <br />The Staats have been advised and have observed the topsoil replacement which has <br />been in progress over the last several weeks to only 6.73 acres. See Exhibit <br />II /`11 <br />It is the Staats' position as well as the law that Staats' property as <br />leased to Western Fuels was that property contained within their fenced boun- <br />daries. Those fence boundaries had been the recognized property boundaries for <br />more than thirty (30) years prior to the arrival of Western fuels or their pre- <br />decessor, Peabody Coal. The properties leased from Staats were the fenced boun- <br />daries and require reclamation to the whole. I would respectfully request, at <br />your earliest possible convenience, that you review this matter and, if <br />necessary, inspect the same and advise of the Division's position on the total <br />acreage requirement for replacement of the referenced topsoil. <br />Yours very truly, <br />BROOKS & BROOKS <br />~~J <br />John A. Brooks <br />JAB/lsh <br />Enclosures <br />xc: Mel Staats <br />Ross L. Gubka, P.E. <br />Murari P. Shrestha, P.E. <br />Lance Wade <br />