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FEB 02 '96 62~31PM COLOWYO COAL <br />Iii iilllllllllll III <br />P. 22 <br />s731 mr.lr~w.y u <br />Medce, Col~ado 81641 <br />(970)8141571 <br />(970)81444591'AX <br />]mss 4 Yleer <br />9sua $stirmmmld Iil~'aear <br />CERTIFIED <br />VIA FAX -HARD COPY TO FOLLOW <br />Ms. Erica Crosby <br />Colorado Division of Minerals and Creology <br />215 Caltermial Building ~ <br />1313 Sherman Street <br />Denver, Colorado 50203 <br />RE: <br />Colowyo Coal Mine, C-S 1-019` <br />Mulor Revision No. 32 <br />Request for Formal Hoazd Hearing <br />February 2, 1996 <br />Deaz Ms. Crosby: ~ I ~ ` <br />On January 29, 1996, Colowyo received notification of the Division's intension to deny Minor l~ <br />Revision No. 32. in accordance with Rule 2.08.4(5)(cxiii) Calowyo is hereby requesting a formal heari <br />before the Mined Laztd Reclamation Board. <br />The eircvmstatlces surrounding MR - 32 are covered in two Colawyo corrapondenoes to ~e <br />Division dated December 12 and 1 S, 1993. In partiallaz, the Permit modification addressed in MR - 32 w <br />extend the time frame for storage of surge topsoil piles adjaeer~t w tJle reclaimed areas is intertwined with the <br />issues associated with NOV C-95-026. Because we believe that MR - 32 adequately and more appropriately <br />addressed the resolution of the topsadl issues DIIOr to the issuance of the NOV, Colowyo believes the <br />issuance of NOV C-93-026 was inappropriate, unwarranted and should clearly be vacated, <br />Moreover, ewe be~eve that when the circumstancm surrounding the NOV era completely reviewed at <br />the Assessment Canferelce to beheld an February S, 1996, the NOV will be vacated and MR - 32 will <br />conDnue to remain the most appropriate mechanism for extension of storago time frames for the subject <br />topsoil. If the NOV is not vacated at the Assessmerrt Carlfenrtce and the issue can't be resolved by any <br />subsequent procedure, Colowyo wishes to preserve the right to present our case before the Board for final <br />resolutan. ~ <br />Please coruaa me if you have any questions concsmingthis matter. <br />Sincerely, <br />~amee A. Kigar <br />Sr. Environmerual Engineer <br />xc' R.G. At]drson <br />Files <br />