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` 4 <br />n <br />Richartl D. Lamm <br />Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />Devitl H. Getchea F~ecutive Director <br />MINED LAND RECLAMATION <br />DAVID C. SHELTON, Director <br />February 7, 1984 <br />Mr. Mean Massey <br />Dorchester Coal Company <br />9350 East Arapahoe Road <br />Suite 300 <br />Englewood, Colorado 80112 <br />RE: Thompson Ranch - Subsidence, F11e No. C-014-81 <br />Dear Mr. Massey: <br />DIVISION <br />We have examined the issue of whether a property owner can waive protection <br />from damage caused by subsidence. As a result of the examination, it is <br />apparent that the law and the regulations do not have a provision which <br />specifically allows for such a waiver with respect to the requirements of the <br />Colorado Surface Coal Mining Act. Therefore, the Issue becomes primarily a <br />matter of policy. <br />Section 34-33-121(2)(a) of the coal law states: <br />"Each permit issued under th15 article and relating to <br />underground coal mining shall require the operator to: (a) adopt <br />measures consistent with known technology 1n order to prevent <br />subsidence causing material damage to the extent technologically <br />and economically feasible..., except in those instances where the <br />mining technology used requires planned subsidence to a <br />predictable and controlled manner; ..." <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />