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~.. <br />was constructed as a fish pond and therefore a structure. History <br />of the Hoekstra Pit verifies this statement. Our fish pond is a <br />valuble, man-made piece of property. <br />IV. According to instructions, the buildings and structures on the <br />Weld County premises were to be removed. This has~not been done. <br />V. Instructions by the Mined Land and Reclamation Board stated that <br />Weld County would proceed in stages. These directives were not ad- <br />hered to. Weld ha.s :surface mined ground far greater than designed <br />plans. The result is a scar and eye sore spot not to mention the <br />terrible sandblasting our home and property sustains when the wind <br />carries on. <br />What I am pointing out is that although Weld County has now been <br />permitted, the v3.olati.ons go on. Sincerety to conform to rules and <br />regulations is obviously absent. Even the yearly report has been <br />ignored. It would seem that Weld County is guilty of more than pos- <br />sible problems. <br />We are not desirous of causing trouble but the essence of the <br />Mined Land Reclamation rules and regulations deem that reclamation <br />to our property he honored by Weld County. The rules and regulations <br />are purposed to protect against the type of damages sustained by the <br />Sloveks, and we are members of the group these laws were intended to <br />protect. Our reclamation request is about three years over-due::: <br />Furthermore, the criteria of conduct that a defendent who stands <br />in position of authority or• power over a plaintiff is held to be a <br />higher standard of conc9uct than one who does not accrue such a posi- <br />tion of authority, has been violated. If the statutes in the rules <br />and regulations,- that the burden of proof lies with the operator and <br />that full disclosure, the truth, had been recognized, then the problem <br />of our reclamation would have been solved in 1980. <br />Getting into compliance does not "Forgive" a violating operator of <br />the negligence, damages, duress, etc. it has inflicted. Rules and <br />regulations stipulate and imply corrective measures for those whom <br />the Statutes were intended; eg. victims of wrong doing by mining. <br />Again, we are appreciative for your assistance in pursuit of recla- <br />mation. Flease send us information of procedures and any meetings. <br />~: ... <br />1 ~~"`erely, <br />John Slovek <br />