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<br />• <br />Western Fuels 'Association, Inc. <br />KEN NOLUM -GENERAL MANAGER <br />700 JEFFERSON BUILDING <br />1225 19TH STREET, NW <br />WASHINGTON, DC 20030 <br />OFFICE: 202-X93.1590 <br />TELECOPIER: 202.223.8790 <br />Mr. David Shelton <br />Director <br />Mined Land Reclamation Board <br />1313 Sherman Street <br />Denver, CO 80203 <br />• <br />April 13, 1981 <br />iiiiiiiiiiuiiiiiii <br />999 <br /> <br />APR 1 6 1981 <br />~dINED LAND RECLANIA7!DN <br />Cofo. Oept. of Natural Resources <br />Re: Deserado Mine <br />Dear Mr. Shelton: <br />I have been supplied a copy of a letter dated <br />March 27, 1981, from Norton F. Tennille, Jr., Esquire, to <br />you with respect to Western Fuels-Utah, Inc.'s pending <br />application for a mine permit with the Mined Land Reclamation <br />Board. In that letter Mr. Tennille requests your agency to <br />inject itself into the question of appropriate socio-economic <br />mitigation measures in Rio Blanco County in connection with <br />the permitting process. <br />Please be advised that Western Fuels strongly <br />disagrees with Mr. Tennille's suggestion that your agency <br />has jurisdiction over socio-economic impact mitigation measures. <br />Please also be advised that western Fuels would regard any <br />meetings between your staff and Rio Blanco County representatives <br />on the subject as improper and in violation of Western Fuels' <br />due process rights and protection under both the Federal and <br />Colorado constitutions. <br />Mr. Tennille's naked assertion of jurisdiction in <br />your agency is not only without legal foundation, it would, <br />if adopted, represent unsound state regulatory policy. Western <br />Fuels is currently involved in a proceeding before the County <br />Planning Board with respect to an application for a Special Use <br />Permit. The Planning Board is directly responsible to the <br />County Commissioners, who will ultimately determine whether a <br />permit should be issued. Western Fuels is well aware of the <br />County's concerns and is committed to adoption of measures <br />designed to insure that local governmental entities, including <br />the County, will not suffer adverse economic consequences by <br /> <br />