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<br />Colorado Mined Land REclamation Board <br />Page 2 <br />October 13, 1977 <br /> <br />0 C T 1 41977 <br />NiF:°[.~ L='•.!'~i~ nn"ECLAMATION <br />Go!;,''. Dept. ul f~atural Resources <br />I would only point out to the Board that the allegations <br />contained in Mr. Southard's letter of September 19, 1977, are <br />just that, allegations that at this point are unsupported by any <br />evidence. The Board has adequate authority to impose necessary <br />requirements upon the operator, pursuant to 1973 C.R.S. 34-32-116, <br />as the Board may determine to be appropriate at a proper hearing <br />following the Board's finding, supported by competent evidence <br />that conditions exist requiring the imposition of conditions upon <br />the operator. <br />I am extremely puzzled by paragraph 4. of Mr. Southard's <br />letter, which indicates to me that Mr. Southard perhaps is not <br />familar with the provisions of 1973 C.R.S. 34-32-116 (k) and (n) <br />thereof. The Mined Land Reclamation Board certainly has the author- <br />ity pursuant to this statute to approve a reclamation plan that <br />contemplates recreational reclamation and that proposes a public <br />recreational purpose for that land. <br />Thank you very much for your courtesy and attention to <br />this matter. <br />Yours, ly, <br />Philip F. oan <br />PFR:df <br />cc: William H. Southard <br />STITT, WITTENBRINK AND ROAN A PROFESSIONAL CORPORATION <br />