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' GREW JOHNROE <br />$4RAH D. CLAASSEN <br />IAN D. MLCARGAR <br />JOHNROE, CLAASSEN & McCARGAR <br />ATTORNEYS AT LAW <br />P.O. Box 772842 <br />THE PIONEER BUILDING <br />737 LINCOLN AVENUE <br />STEAMBOAT SPRINGS, COLORADO BO477 <br />November 6, 1985 <br />13031879-3440 <br />David Shelton <br />Mined Land Reclamation Division <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Dear Mr. Shelton: <br />OF COUNSEL: <br />THOMAS J. CHAMBERLIN <br />PHOENI%. ARIZONA <br />RF~~~VE~ <br />Npy48~ <br />bi~~Ga~~~M.a ~~~ <br />~'r-ees <br />This letter is written on behalf Hof John A. Ei1ts, the <br />landowner of Sun Coal Meadows No. 1 mine. <br />Almost a year ago, I wrote to notify you of problems <br />concerning the haul road due to decommissioning, pursuant to <br />an approved Technical Revision to Permit C-029-81, The <br />problems have worsened and become intolerable. <br />As mentioned in my previous letter, the approved plan <br />specifically contemplated the post mining use of oil and gas <br />exploration. However, the road is hindering all efforts to <br />pursue this use, <br />Recently, a new well was placed near the "steel shed". The <br />well promises to be a substantial and profitable venture. <br />However, the success of the operation is seriously threatened <br />by the inability of rigs and tankers to access the well. In <br />fact, yesterday, operations were halted due to the unsafe <br />condition of the road. <br />I have previously detailed specific problems with the road <br />but again: 1) the disturbance of the road surface causes <br />rapid degeneration of the road upon precipitation and, as <br />yesterday, causes unsafe "slick" conditions; 2) the water <br />bars freeze up in the low areas; 3) the water bars impede <br />travel of larger vehicles. <br />Mr. Shelton, surely the reclamation laws did not intend a <br />"technically correct" reclamation but practically unuseable <br />road. It is past time that Che Division seriously <br />re-evaluates the appropriations of the components of the <br />road. Components have failed in providing a road that can be <br />used consistent with post mining uses. <br />