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fiUG- 6-96 TUE 12:42 <br />J,..,~ ` ~ •. . <br />Larry Mautz <br />3938 Hwy 133 <br />Paonia, Colorado 81428 <br />August 6, 1996 <br />Dave Berry <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman St. Room 215 <br />Denver,Colorado 80203 <br />Via Fax 303-866-3567 <br />Dear Dave, <br />P. 81 <br />III IIII11111IIII III <br />sss <br />Can you explain to me how Phil Schmidt can deny they have <br />responsibility. During our meeting today at 1:00 P.M. at their <br />conference office. I asked Phil, Norm Every and Kirk Muller to <br />describe what they were willing to do. There explanation was. We <br />will grade the road and I believe that this is the extent of our <br />responsibility. We asked that they write down what they were <br />going to do and their attorney Kirk Muller said that he advised <br />them not to write down anything. <br />When i read the federal regulation it appears they are totally <br />responsibility to put the surface back in the condition which it <br />was, and supplement the income which hae been destroyed for our <br />company, This is real for us. Although they (the people a West <br />Elk Mine) denied there is such regulation. <br />PART 701- PERMANENT REGULATORY PROGRAM ........... <br />...... <br />701.5 DEFINITIONS......... <br />Material Damage, in the context of <br />SS 784.20 end 817 121 of this chapter. <br />Means; <br />(a) Any functional impairment of surface <br />lands, features, or structures or <br />facilities: <br />(b) Any physical change that has a significant <br />adverse impact on the affected land's <br />capability to support any current or <br />reasonably foreseeable uses or causes <br />significant loss in production or income: or <br />(c) Any significant change in the condition, <br />appearance or utility of any structure or <br />facility from its presubsidence condition. <br />817.121 Subsidence control .............. <br />(c) Repair of damage <br />(1) Repair of damage to surface lands. The <br />