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<br />ANACONDA Minerals Company <br />555 Sel•e nleenth ~t <br />Denver. Colorado „t02 <br />Telephone 303 293 4000 <br /> <br />May 1,7, 1984 <br />Mr. Fred Banta <br />Coal Program Supervisor <br />Colorado Mined Land Reclamation Divison <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />• III IIII I IIII III <br />999 <br />~~~~~;~#r~~ <br /> <br />C41NEG Lq,yp j;cr~p;••sii0'a' CIYiSiON <br />COIO. t~". ~~. L. i'; GIGfd! ResuUfCES <br />RE: NOV ~C-84-007 Issued to West Elk Coal Company <br />for Disposal of Underground Development Waste <br />in an Unpermitted Area <br />Dear Fred: <br />As provided in Section 5.03.2(b) <br />Colorado Mined Land Reclamation <br />of the Regulations for the <br />Board for Coal Mininq, West <br />El~t Coal Company (WECC) hereby requests an extension to the <br />abatement date specified in the above-referenced NOV for <br />disposal of all 41ECC "underground development waste" presently <br />n::?ed by and located at the Hotchkiss Coal Yard. The abate- <br />ment date presently set is June 1, 1984. An extension to <br />August 14, 1984, is warranted for the following reasons: <br />1. There exist a number of legal questions concerning owner- <br />ship of and liability for the material since title to the <br />material transferred from WECC to Arlie Clark Construction <br />Company, operator of Hotchkiss Coal Yard. WECC cannot <br />rightfully enter Hotchkiss Coal Yard property and retrieve <br />the material in question without committing a civil tres- <br />pass to land, a trespass to chattles, conversion and, <br />p=_~rhaps,-offending a number of state and federal criminal <br />statutes. <br />2. As you know, Arlie Clark Construction Company recently <br />sold a test burn of this material to a cement plant. <br />Accordingly the material is clearly a product with <br />commercial value and can not be classified as "waste". <br />3. Although WECC is actively pursuing all possible options <br />with respect to other appropriate disposition of the <br />material, at present there are no permitted storage or <br />disposal sites available for placement of the material nor <br />is there any other appropriate alternative available at <br />this time. As we have discussed, WECC is working with <br />your staff to permit a site to store or dispose of the <br />material and is negotiating with other companies and <br />mining operations to sell this material. <br />ANACJND4 Alin eralf Company u a Dirnion of AJanlicpicM1fielE Com pan/ <br />A,.1C D~6CLL-A 18~Bd) <br />