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REV104797
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REV104797
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Entry Properties
Last modified
8/25/2016 1:16:13 AM
Creation date
11/22/2007 1:21:02 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981029
IBM Index Class Name
Revision
Doc Date
10/17/1983
Doc Name
MEADOWS 1 MINE MLRD FN C-02981 REQUEST FOR HEARING
From
KARL F KUMLI III
To
FRED BANTA
Type & Sequence
HR1
Media Type
D
Archive
No
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:- <br />. . <br />KARL F. KUML1, 111 <br />ATTORNEY AND COUNSELOR AT LAW <br />1375 WALNUT STREET, SUITE 215 <br />POST OFFICE BOX 2279 <br />BOULDER, COLORADO 80306 <br />ADMITTED TO <br />PRACTICE IN <br />CALIFORNIA AND <br />COLORADO <br />October 17, 1983 <br />Mr. Fred Banta <br />Senior Reclamation Specialist <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />~~I I~~I~~II~I~~~ ~~~ <br />sss <br />TELEPHONE 440-0075 <br />AREA CODE J03 <br />RECEIVED <br />OCT 17 1983 ~~~~P'.h. <br />Re: Meadows No. 1 Mine: MLRD File No. C-029-81 MINED LAND RECLAMATION DIVISION <br />Request for Hearing 0010. DEpL 01 Nrttufel RESOUfCBS <br />Dear Fred: <br />John Eilts hereby requests a hearing on the technical revision of the <br />post-mining topography at the Meadows No. 1 Mine and, in support thereof, <br />states as follows: <br />1. John Eilts is the landowner and lessor of land covered by the <br />above-referenced permit. <br />2. The lease, dated May 15, 1975 between John Eilts and Sun Coal <br />provides: <br />"After strip mining the coal, the Lessee [Sun Coal] shall refill and <br />cover the stripped areas with the topsoil from the stockpiles, <br />terracing and sloping the surface to blend with the surrounding <br />area." <br />3. It is the position of John Eilts that the post-mining topography <br />proposed by Sun Coal, and approved by the Division, does not give <br />effect to the lease provisions set out in paragraph #2. <br />4. A dispute exists between John Eilts and Sun Coal as to the property <br />rights which Mr. Eilts has by virtue of the lease provision set out in <br />paragraph #2. <br />5. John Eilts recognizes that neither the Division nor the Board has <br />jurisdiction to adjudicate property rights disputes, as set out at <br />34-33-110(j), inter alia. <br />6. However, the Board and Division are charged with finding the <br />applicant has demonstrated that the reclamation required can be <br />accomplished under the reclamation plan contained in the permit <br />application. 34-33-114(2)(b). See 34-33-111(h). <br />7. John Eilts believes that the reclamation proposed by Sun Coal cannot <br />be accomplished as Sun Coal would be in violation of its lease with <br />John Eilts if it performed the reclamation as proposed. <br />
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