1989-07-25_GENERAL DOCUMENTS - C1981017

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�t kS y DELANEY & BALCOMB, P. G. ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS,COLORADO 81002 ROBERT DELANEY KENNETH BALCOMB JOHN A.THULSON 818 COLORADO AVENUE EDWARD MULHALL,JR. 945-6546 TELEPHONE ROBERT C.CUTTER 945-2371 SCOTT BALCOMB TELECOPIER 945-8902 DAVID R.STURGES AREA CODE 303 LAWRENCE R.GREEN ROBERT M.NOONE August 24, 1989 1 k...sY 14, Fred R. Banta, Director Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building1313 Street Denver ,eCOan80203-2273 re: Mid-Continent Resources , Inc. , Permit No. C-81-017 , Notice of Violation No. C-89-013 (Overland belt conveyor wet coal spillage. ) Gentlemen: This will acknowledge receipt of the Division ' s Notice and Order to Pay Fixed Penalty, signed by James C. Stevens , and dated August 14, 1989. Pursuant to this notice and the provisions of 14 Colo. Rev . Stat . 9 34-33-123 ( f ) ( 1984 Repl . Vol . ) , Mid-Continent Resources , Inc. hereby requests a hearing on the fact of the violation and , if. warranted , an appropriate penalty to be determined by the Mined Land Reclamation Board. The combined legal and factual basis of this request is that this belt spill was de minimus , it was the consequence of emergency measures taken to alleviate extraordinary problems occurring with respect to Outfall No. 016, the nominal belt spillage affected only the previously disturbed area of the overland conveyor belt system, there is no evidence that the spill reached any stream or natural water course , and extraordinary efforts were made, including an inordinate amount of hand-work and leasing of custom equipment , to clean up the traces of the spill . To fully comply with the contest requirements of 34-33-123( f) , I have enclosed Mid-Continent ' s Check No. 23820, dated August 18, 1989, in the amount of $1 ,050 payable to the order of State of Colorado/MLRD. In the interest of economy of action and in further compliance with S 34-33-123 ( f ) , we suggest that immediate