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.-;. F is hard D Lamm Governor March 8, 1983 Mr. M. Michael Galesi Counselor At Law 30 Galesi Drive Wayne, New Jersey 07470 Re: Your Letter of February 16, 1983 Concerning GEC Coal Mine Dear Mr, Galesi: I am in receipt of a copy of your letter of February 16, 1983 addressed to Messrs. Klein and Hagen of the Office of Surface Mining. Two statements in that letter regarding the (lined Land Reclamation Division activity need to be corrected. You state, "Repeated demands by ourselves, our lessor and the State of Colorado were made on this offset [sic] operator to extinguish the fire, but they refused". I understand this sentence to say that the 'lined Land Reclamation Division demanded that the Newlin Creek Mine operators should extinguish the fire. It should be made clear that we never made such demands. 41e have indeed been concerned about the fire since we noticed it, but at this time, it is unclear as to the origin of the fire and therefore, the responsibility. You also state, "The offset [sic] operator still refusing, we acceded to the demands of the State and our lessor to attempt to put out the fire...". At no time did we ever demand that GEC extinguish the fire. In fact, when I visited the site on November 3, 1982, GEC had commenced trenching operations in an effort to extinguish the fire. Prior to that time, and during that field visit, I made no demands regarding GEC's efforts to extinguish the fire. I did provide advice as I was able to and did discuss the relationship of the trenching operation to activities that were permitted under our statutes. This was done both in the field and by my letter to Mr. Steve Layton of November 9, 1982. I am hopeful that a mechanism and financing can be found to extinguish the fire. Prior to any such activity, However, the true extent of the fire must be established in detail. If the area had a previously existing fire which remained dormant for some time, it would be difficult to predict where it 4?9 (:r vlll'Drii:d Rillh lir a r, 191'7 '~hr~r nr,ln '•Ir~r ~I ~h.~ivrl, (:ulr,l:ulu Ffl l:'(1'} Ir~l (~lfl it lUlL 'i'd}/ DEPARTMENT OF NATURAL RESOURCES D Mnnl r. I~, p: r. arc L^unw^ Un^u n~ III IIIIIIIIIIIII III MINED LAND RECLAMATION DIVISION DAVID C. SHELTON Director