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- Y <br />' ~II IIIII~III~~II ~II Ri ttord y.aCaaWon <br />401 Lincoln Avenue <br />P.O. Box 774608 <br />Steamboat Springs, Colorado 80477 <br />(303) 879.1572 <br />FAX (303) 879-8162 <br />September 10, 1990 <br />Mr. John A. Eilts <br />Coal View Ghost Ranch <br />Mystic Trail, 17880 W. U.S. 40 <br />Steamboat Springs, Colorado 80487 <br />565 Sandrock Drive <br />Craig, Colorado 81625 <br /> <br />RECEIVED <br />SEP 1 7 1990 <br />Mined Land <br />Reclamation Division <br />RE: Sun Coal Company, Inc. <br />Dear Mr. Eilts: <br />In paragraph 16 (b) of the November 1, 1983 Stipulation of Judgment and <br />Decree, Settlement Agreement and Mutual Release ("Judgment and Decree"), the <br />District Court required that you ". shall not, in any manner whatsoever, <br />change, alter or interfere with any of the completed work performed by [Sun Coal <br />Company, Inc.]." On September 5, 1990, it was discovered by Bryan Archer of Sun <br />Coal Company, Inc. ("Sun Coal") and Jeff Clapton of the Colorado Mined Land <br />Reclamation Division ("NERD") that you had used your bulldozer to destroy the <br />protective berm on the permitted area north of the shop building. This activity <br />is a clear violation of paragraph 16{b) of the Judgment and Decree and will <br />subject you to the Court's contempt powers. This letter will serve as notice, <br />pursuant to the Minute Otder dated May 1, 1989, issued by the Routt County <br />District Court, that you are hereby given until September 20, 1940 within which <br />to completely repair the damage you caused to this portion of the permitted area <br />to the complete satisfaction of Sun Coal. If that work is not completed to Sun <br />Coal's satisfaction by that date, I have been instructed to file the appropriate <br />pleadings with the District Court to initiate contempt proceedings seeking <br />sanctions, restitution and attorney's fees. <br />Further, it has been brought to my attention that you have not complied <br />with my letter to you of August 8, 1990 regarding your stacking of hay against <br />the chainlink fence which surrounds Sun Coal's 67,000 volt transformer station <br />located on another permitted portion of the leased premises. I include with <br />this letter another copy of the August 8, 1990 letter. If the hay is not moved <br />at least 25 feet from the fence surrounding the electric transformer station by <br />September 20, 1990, I have been further instructed to commence contempt <br />proceedings against you. This letter will also serve as the required notice, <br />