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4/2/2015 <br />State.co.us Executive Branch Mail - Fwd: TR -43 and EFCI NOV <br />To: Jeff Fugate <br />Cc: Mike Boulay - DNR; Rob Zuber; John Adams; George Patterson <br />Subject: Re: TR -43 and EFCI NOV <br />Jeff, <br />understand the DRMS's hesitancy to push the NOV abatement deadline. At the same time, May 1 was set in <br />conjunction with an April 3 deadline for a decision on TR -43, that is tied to the NOV. Now that the DRMS wants <br />an extension of the TR -43 deadline, it is only fair that the NOV abatement deadline be extended accordingly. <br />Regards, <br />Ric <br />Sent from my iPad <br />> On Mar 31, 2015, at 11:23 AM, Jeff Fugate <Jeff.Fugate state.co.us> wrote: <br />> Ric, <br />> Mike and I will discuss your proposal and be in touch. As we discussed yesterday, the division is hesitant to <br />continue to push the NOV abatement deadline as it has been pending nearly two years. <br />> Jeff Fugate <br />> First Assistant Attorney General <br />> Natural Resources & Environment Section <br />> 720 -508 -6236 <br />• From: Ric Fanyo [rfanyo duffordbrown.corn <br />• Sent: Tuesday, March 31, 2015 11:02 AM <br />• To: Jeff Fugate <br />• Cc: Mike Boulay - DNR; Rob Zuber; John Adams; George Patterson <br />• Subject: Fwd: TR -43 and EFCI NOV <br />>>> Jeff, <br />>>> Thanks for your call yesterday in which you asked EFCI to extend the deadline for the DRMS's decision on <br />TR -43 from April 3 to April 24. We have considered that request in the overall context. As you know, the April 3 <br />deadline for a decision on TR -43 was tied to the extension of the NOV abatement deadline of May 1. That <br />agreement allowed a four -week interval between the decision on TR -43 and the abatement deadline, to allow <br />EFCI to consider its options in light of the decision on TR -43 and to decide how to proceed, if that proves <br />necessary. <br />>>> EFCI is prepared to agree to an extension of the TR -43 decision deadline to April 24. However, we want a <br />reciprocal agreement from the DRMS to extend the NOV abatement deadline to May 22, 2015, to maintain the <br />previously agreed interval between the two deadlines. Maintaining that interval is in the interest of both EFCI <br />and the DRMS by allowing time to resolve any issues that remain and avoiding a Board hearing at the request of <br />EFCI, if possible. <br />>>> Please let me know if the DRMS is agreeable to extending the NOV abatement deadline to May 22 in <br />conjunction with extending the TR -43 decision deadline to April 24. <br />>>> In addition, EFCI wants to facilitate and cooperate with the DRMS's consideration of TR -43 as best we can. <br />To that end, we propose a conference call next week with Mike Boulay, you, and other DRMS representative as <br />you choose, to discuss the DRMS's progress on review of EFCI's adequacy responses, any remaining issues, <br />https: //m ai I .googl e.com /m ai I /u/0 / ?ui= 2 &i k= e29129fcb5 &view = pt &search= i nbox &th= l4c7abfG49l e6671 &si m l= 14c7abfc49l e6671 3/4 <br />