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J _ ''"~. -i -ter 4. E... _ - .ts; t' c-'- '"r..>,nYtl.cw <br />'t ~ ~ • III III III III )III III <br />999 <br />!E ~)I[i.A NISY EC tSA i.COM L, ~~. ~~. ~ r <br />' ATTORNEYS AT L4W <br /> DRAWER l90 <br /> (iLPNWUUD SYNINOti, f~~ULQA.I DO HI001 <br />ROBERT DCLAN LY <br />MCNNCTN BwLCON• <br />JONN A. TNVLSON <br />[°WARD N VLNALL. JR. BI" COLD RA00 AV[MVC <br />"°B`R' ` "'••`" February 24 <br />1981 BAS.B~•s <br />scoTT N. BALCOr.e <br />DAVI°R. 9TVRGCS , <br />nL r.~„ ,. - <br />~ ~' ., <br />, <br />~ ~' oXc <br />i ~ <br /> <br />LAW RCNC[ R. GRLCN <br />• ~ , a ., ~ <br />~~ <br />.. ACDO[JOJ <br />. <br />AN°RLW O. NORLLL <br />Mr. David Shelton, Director <br />Mined Land Reclamation <br />1313 Sherman Street, Room 423 (~'"'~'-`'~ ~_Ilj.!li ' ~ ~'~ ~•~ ~ ~ ~~~~~) <br />Denver, CO 80203 Arlo. Oep! n( ... 1'.i!,II . .. , :~I'r ~~: <br />RE: Dorchester Coal Company <br />Confidentiality of Certain Proprietary <br />Information in MRP Permit Applications <br />Dear Dave: <br />Pursuant to my various telephone conversations <br />with you and your staff, including Lew Woods, please accept <br />this letter in support of Dorchester Coal Company's (DCC) <br />written requests dated January 27 and 28, 1981 for confidential <br />treatment of certain portions of its previously filed MRP <br />applications. We request you review this letter and respond <br />to our claim of confidentiality. After Lew Woods has had an <br />opportunity to review this matter, I would be available to <br />meet with him and you to discuss your preliminary findings. <br />Part 2 of the Colorado Open Records Act provides <br />in §24-72-201, C.R.S. 1973, as amended, that "it is declared <br />to be the public policy of this state that all public records <br />shall be open for inspection by any person at reasonable <br />times, exce t as provided in this part 2 or as otherwise <br />specifically provided ~ law. "(Emphasis added)) Publ <br />records are defined in §24-72-102 (b) as including "...all <br />writings made, maintained, or kept by the state or any <br />agency...for use in the exercise of functions required or <br />authorized by law or administrative rule or involving receipt <br />or expenditure of public funds." <br />Thus, under the permit application requirements of <br />the Colorado Mined Land Reclamation Act of 197 and the <br />Colorado Surface Coal Mining Reclamation Act of 1979, it <br />would appear that a permit application filed and/or approved <br />under these Acts would be viewed as a "public record" and <br />would be subject to public inspection under §24-72-201 <br />unless subject to an exemption provided (1) under Part 2 of <br />the Colorado Open Records Act, or (2) as otherwise specifically <br />provided by law. <br />