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BURNS, FIGA & WILL, P.C. <br /> Cheryl Linden <br /> June 9, 1995 <br /> Page 11 <br /> The physical inspection began by inspection pond 006 and 010 to determine if <br /> sediment had been removed as required by CO-C-93-140. The pond had been <br /> cleaned as required and pond cleaning was also being performed on pond 021 A <br /> which was not required by any enforcement action but was in need of sediment <br /> removal. <br /> Work was progressing on the flume repair project where Dutch Creek empties <br /> into Coal Creek. The support footer had been poured and support column was <br /> scheduled to be poured on November 5. Upon completion of the support column <br /> pour the 9' diameter steel pipe will be placed in the flume and work will proceed <br /> on the headwall transition zone. This project should be complete before deep <br /> snow sets in. <br /> Reclamation activities are complete at the 5 Mine this year and include: re- <br /> seeding of the lower portal with a permanent drain installed; removal of the <br /> lamphouse, shop building including rubblizing of the foundation which was used <br /> in the backfill, backfill of both portals and the highwall to the extent possible with <br /> the material available; final grading of the backfilled slope; select placement of <br /> topsoil material over reseeded areas and seeding of approximately 9 acres with <br /> the approved seed mix with a straw mulch top dressing . . . <br /> The inspection was completed the following day by inspecting the loadout located <br /> in Carbondale. No problems were noted. The records were also inspected at the <br /> Carbondale loadout where they are now kept. No problems were noted with the <br /> record . . . NPDES monitoring records up-to-date . . . <br /> Pitkin Iron was extremely forbearing in extending credit so as to allow MCR to fulfill <br /> its responsibilities as debtor-in-possession. Charges have been supported by extensive document <br /> and Pitkin Iron has every good reason to expect payment. <br /> After your review of this information with your clients, please contact me. Finally, for <br /> your information, I have requested that the Court set a hearing on the matter. However, I <br /> believe that the parties should continue communications and attempt to reach a settlement before <br /> going to Court. <br /> Sincerely, <br /> BURNS, FIGX&B WILT_, P - <br /> 'n <br /> GPA/leb G <br /> cc: Robert Delaney <br />