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r <br /> <br />~.o. sox IoI <br />Glenwood Springs. <br />Colorado 81 oOZ-0 I o I <br />October 5, 1990 <br />Chairperson <br />Mined Land Reclamation Board <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />iii iiiiiiiiiiiiiiii <br />Tlephone (30.3) 9455748 <br />L(~~ ~ <br />J~ <br />0^,T a :~ '3SG <br />Niir.eC ~ 2na <br />Recfamstion Divisic^ <br />Re: New Castle Energy Corporation <br />Permit No. C-84-065, Permit <br />Revision No. 1 <br />Coal Ridge No. 1 Mine <br />Petition for Declaratory Order <br />Dear Chairperson: <br />Pursuant to the provisions of Section 24-4-105, C.R.S., as <br />amended, and Board Rule 1.14, New Castle Energy Corporation <br />(hereinafter NCEC), hereby, through its attorney, petitions the <br />Board for a declaratory order to remove the alleged applicability <br />of Rule 2.07.3 (2) and its cited statutory authorities, to NCEC's <br />pending permit revision application and proposed permit decision <br />on this application. <br />Specifically, NCEC disputes the Division's position, and through <br />this petition for declaratory order seeks a determination that <br />NCEC's proposed non-adjacent railroad loadout located at Lacy, <br />Colorado (west of Rifle, Colorado) not be required to be re- <br />submitted to the Division and processed as a new permit <br />application or permit revision application and that tk~is loadout <br />Ccontinue to be processed for a permit revision decision along <br />with the mine permit revision application currently being <br />processed and considered by the Division for a proposed permit <br />decision. <br />This petition seeks to terminate an apparent controversy between <br />the petitioner and the Division regarding the applicability of <br />Board rule 2.07.3 (2) which was first communicated by telephone <br />to the petitioner's counsel on September 27, 1990 and which <br />apparently reflects the position of the Division as contained in <br />its letter and response to OSM dated September 26, 1990 and in <br />its letter to the petitioner dated October 2, 1990. As these <br />letters are in the files of the Division, and should be available <br />to the Board, copies of them have not been submitted with this <br />petition. <br />DAVID R. STURGES <br />ATTOILI'EY AT L1W <br />Petitioner, because of its receiving such late notice of this <br />