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<br />iii iiiiiiiiiiiiiiii <br />999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION oF.~o~o <br />Department of Natural Resources a4', a~ <br />r ~+, a <br />" <br />~~ <br />1313 Sherman St., Room 215 <br />Denver <br />CO 80203 ~ <br />~ <br />~ <br />l= <br />% 7 <br />, ~ <br />. <br />~ <br />303 866-3567 ` <br />• <br />Fa X: 303 832-8106 rave <br /> Roy Romer, <br /> Governor <br /> Fred R Banta. <br /> Orvision Director <br />DATE: February 25, 1991 <br />T0: Steve Renner <br />FROM: Susan McCannon p~,A,Q.v`- <br />RE: John Eilts Letter Received 2/15/91 <br />As you requested I have reviewed Mr. Eilts letter requesting an opportunity to <br />address the Board, In the following summary I indicate whether or not each <br />item has been the subject of a previous Board decision, For those items which <br />have not been brought to the Board previously I have noted any pertinent <br />details for your and Frank Johnson's use. <br />1. Haul road reclamation and release - Subject of 1984, 1986, and 1989 <br />Board hearings. <br />2, Failure to restore water rights - Not previously heard by Board. I <br />presume this refers to water which discharges from the Yampa <br />Sediment Pond, The water discharges into the river rather than <br />onto his meadow which is adjacent. We have repeatedly told him we <br />would entertain a revision to relocate the pond outfall. I believe <br />he would prefer that we order Sun Coal to move the outfall, <br />3. Failure to restore airfield - Not previously heard by the Board, <br />The "airfield" has been reclaimed according to the piar., We are <br />waiting for the grass to grow. The grass doesn't grow because Mr. <br />Eilts grazes it. Sun Coal hasn't been required to fence the area <br />because Mr. Eilts doesn't want it fenced. <br />4. Vegetation - I can guess at what this concern relates to <br />specifically, and I don't believe this has ever been heard by the <br />Board. <br />5. False statements regarding stabilization - I believe this refers to <br />stabilization along the haul road corridor, In this case, this <br />item has been heard by the Board at 1986 and 1989 hearings, <br />6, Failure to require reclamation of disturbed areas off and on the <br />permit areas. Not previously heard by the Board. It has been <br />addressed extensively by the Division over the past. There are <br />several disturbances immediately adjacent to and off the permit <br />" area. Mr, Eilts attributes these disturbances to Sun Coal Co. <br />However he has no proof, or we have no jurisdiction due to time of <br />disturbance or permit limitations. <br />