_GENERAL DOCUMENTS - C1981017 (142)

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DELANEY & BALCOMB, P. G. ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPAINOS,GOLO$ADO 81602 ROBERT DELANEY KENNETH BALCOMB JOHN A.THULSON EDWARD MULHALL,JR. 618 COLORADO AVENUE ROBERT C.CUTTER 945-6546 SCOTT M.BALCOMB TELEPHONE 945-2371 DAVID R.STURGES AREA CODE 303 L AWRENCE R.GREEN SCOTT McINNIS 7� PAMELA H.PRESCOTT August 26 , 1985 ROBERT M. NOONE RE A= David C. Shelton, Director Mined Land Reclamation Division AUG ? ? 1986 423 Centennial Building 1313 Sherman Street MINED LAND Denver , CO 80203 RECLAMATION U!'PSfi)(11 Re: Mid-Continent Resources , Inc. , Request to Vacate Show Cause Order Dear Mr . Shelton: Pursuant to Colorado Mined Land Reclamation Board Rule 5 .03 .3 ( 2 ) ( c) , Mid-Continent Resources , Inc . ( "Mid-Continent" ) respectfully requests you vacate the Show Cause Order issued July 5 , 1985 . EXCEPTIONAL CIRCUMSTANCES Mid-Continent submits that exceptional, truly extra- ordinary circumstances were present in the two alleged patterns of violations which you administratively determined to exist, by your determination dated June 11, 1985 . Mid-Continent believes the extraordinary circumstances , proven by Mid-Continent, com- panion to most of the citations and orders along with the need for legal and administrative consistency in the application of the Colorado Surface Coal Mining Control Act (the "Act" ) and the other relevant facts and circumstances set forth in this letter , support a finding by you that it would be demonstrably unjust not to vacate the Show Cause Order . In support of this request , Mid-Continent submits the following for your review and consideration. To aid your review we have prepared two summaries which are enclosed. A summary of the environmental costs and capital expenditures for the period April , 1984 through July, 1985 , in two sheets . A summary of our analysis of the several violations and orders involved in the alleged patterns of violations.