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piles deposit6d by massive avalances . As a BAT voluntary <br /> cooperative effort with minor impacts, no reclamation plan <br /> or bonding was required. <br /> Before proceeding with this work, the matter was <br /> discussed in detail with representatives of MLRD and approval <br /> was granted not only for the construction of these facilities , <br /> but also for the method of construction, including the <br /> utilization of the homogeneous material in the embankments , <br /> all of which was within the authority invested in the State <br /> of Colorado to make such approvals on a BAT basis, and to <br /> approve minor modifications. (see exhibits attached) <br /> This was a voluntary cooperative action not <br /> mandated by OSM or MLRD; was the best method devised to <br /> control an erosion/sedimentation problem; enhanced rather <br /> than harmed the environment, resulted in saving rather than <br /> losing topsoil or classifiable horizons; occurred in an area <br /> where it was counter productive to separately pile soil and <br /> should be accepted as an "alternate procedure" that will <br /> "provide equal or more protection for the topsoil" whereby <br /> "the Division may approve an alternative" , even if topsoil <br /> did exist, per C.C.M.R. Sec. 4 . 06. 1 (2) . <br /> From the attached exhibits it will be seen that <br /> the Division did in fact approve the alternative that was <br /> followed as a BAT procedure and issued minor revision <br /> approval (Exhibit 3 attached) , acting within the authority <br /> vested in the State of Colorado by virtue of the approved <br /> State Plan under date of November 13, 1984 . it is inap- <br /> propriate, unjust and beyond the jurisdication of the QSM <br /> official at this late date to override and annul state <br /> action and cause penalties to be imposed upon the Permittee <br /> for acts performed with the sanction and approval of the <br /> State. <br /> WHEREFORE Applicant petitions that the NoV be <br /> vacated and dismissed. <br /> Applicant requests public evidentuary hearing, <br /> which request will be withdrawn in the event there are no <br /> controverted facts, or if stipulation can be reached as to <br /> all controverted facts. <br /> Respectfully submitted, <br /> MID-CQNTINENT RESOURCES, INC. <br /> By <br /> Robert aney <br /> Exec!0. <br /> Vice Pr & General Counsel <br /> P. Drawe 790 <br /> 818 Colorado Avenue <br /> Glenwood Springs, Colorado <br /> Phone: (303) 945-6546 <br />