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BURNS, FIGA & WILL, P.C. <br /> Cheryl Linden <br /> June 9, 1995 <br /> Page 9 <br /> 7. Lastly, you asserted that the Division has approved the "relationship"between Pitkin Iron <br /> and MCR. However, the letter to which you refer concerns work monitored through the <br /> motions for cash collateral and does not reflect approval by the Division for costs which <br /> Pitkin Iron now seeks payment. <br /> Response: The letter DMG sent to Anne Shields, Office of Surface Mining, was dated <br /> November 15, 1993, which is within the period of time covered by Pitkin Iron's claim, and <br /> which outlines the Division's understanding of Pitkin Iron's role at the time. <br /> Further, the Division of Minerals and Geology ordered, approved and closely monitored <br /> the work Pitkin Iron was performing, and which forms the basis of this claim. Please note <br /> Section 2 - Explanation of Work performed and Section 2.3, Summary of Work, in the <br /> documentation provided. The bulk of work was in reclamation and abatement of DMG <br /> enforcement action. <br /> For instance, enforcement actions by the Division of Minerals and Geology which <br /> required completion of specified work during the period for which this claim is submitted <br /> include the following: <br /> NoV Required Abatement <br /> C-93-086 Repair flume. <br /> C-93-090 Mark boundaries of disturbed area. <br /> C-93-093 Topsoil, seed and mulch terraces of Sutey pile. <br /> C-93-094 Clean sediment ponds. <br /> C-93-096 Reinforce stream embankment of Dutch Creek. <br /> DMG approved minor revisions for work which was then performed during the period for which <br /> this claim is submitted, including the following: <br /> Approval <br /> Revision Date Subject <br /> MR-41 9/2/93 Coal Creek Channel repair <br /> MR-43 9/27/93 Rip-rap stabilization on Dutch Creek <br /> MR-4 10/8/93 Modifications to Dutch Creek flume <br /> MR-46 11/10/93 Fill in unit train bin. <br /> DMG inspection reports filed during October and November, 1993, refer to the work which was <br /> ongoing and for which Pitkin Iron seeks payment. Clearly, DMG was aware of this work and <br /> approved it. <br />