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. ~_ III IIIIIIIIIIIII III <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver. CO 80203 <br />303 866-3567 <br />Fnx~. 303 832-8106 <br />1~ <br />STATE OF COLORADO <br />of~~~a~~~~~ <br />Ne'~ i0 <br />0 o r~, ~ <br />. C ~' <br />• ~+~s%` <br />f l870 ~ <br />Roy Romer. <br />Governor <br />September 11, 1990 RredR Banta. <br />Division DireClor <br />Alfred Hoyl <br />Coal Fuels Corporation <br />P.O. Box 130 <br />Rollinsville, Colorado 80474 <br />RE: Request for Postponement of the Frulta Mine Reclamation, Fruita Mine <br />(File #C-81-015) <br />Dear Mr. Hoyl: <br />The Division has received your letter dated August 8, 1990. In this letter <br />you requested that the Division postpone the reclamation of the Frulta <br />Mine for one year or, if this can not be done, you wished to meet with the <br />Mined Land Reclamation Board. <br />The Division cannot approve your request for postponement of the Fruita <br />mine reclamation. We will schedule a formal public hearing before the <br />Board during its meeting on October 17 and 18 at which time you may <br />present your arguments. <br />The Division bases its decision on the following facts: <br />1. The interim permit for the Fruita Mine has expired, and this mine has <br />remained unpermitted for the past 10 years. <br />2. The American Shield Coal Company had submitted a permit application to <br />conduct coal mining and reclamation activities, but they did not respond <br />to the Division's adequacy review and thus subsequently withdrew their <br />ap p I i cation. <br />3. Alfred Hoyl submitted a permit application to conduct coal mining and <br />reclamation activities. This application was identical to American <br />Shield's first application but the original concerns were never addressed. <br />4. The Frulta Mine sediment control system is in need of extensive <br />redesign and reconstruction. Implementation of the approved reclamation <br />plan will do this and will prevent potential environmental degradation. <br />5. In a lease agreement conveying all rights to the surface of the Fruita <br />Mine to Mr. Wilde and Mr. Hoyle, American Shield specifically reserved the <br />right to fulfill and complete reclamation on these properties. <br />6. On September 5, 1990 Mat Macomb of The US Bureau of Land Management <br />(BLM) indicated to the Division that the BLM has issued a denial of your <br />request for an extension of the due diligence clause of your coal lease. <br />-1- <br />