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<br />KEN SALAZAR <br />Attorney General <br />CHRISTINE M. ARGUELLO <br />Chief Deputy Attomey General <br />ALAN J. G I LBERT <br />Solicitor General <br />OF'COLD o <br />N <br />F..~~~~o <br />* X876 ~ <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />March 20, 2001 <br />MEMORANDUM <br />TO: David Berry <br />Coal Program Supervisor <br />Division of Minerals and Geology <br />Colorado Department of Natural Resources <br />FROM: Robert D. Clark ,~~ <br />Assistant Attorney General <br />Business and Licensing Section <br />III IIIIIIIIIIIIIIII <br />999 <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denver Colorado 80203 <br />Phone 303 866-4500 <br />FAX 3033 866-5691 <br />RECEIVED <br />MAR 2 1 1001 <br />Division of Minerals and Geology <br />RE: Powderhorn Coal Company's Request for Temporary Relief <br />and Stay of Enforcement Re NOV # CV-2000-0.10 <br />The parties, Powderhorn Coal Company and the Division of <br />Minerals and Geology, have resolved Powderhorn's Request for <br />Temporary Relief in a manner which gives Powderhorn additional <br />time to abate NOV # CV-2000-010 to and including May 31, 2001; <br />preserves Powderhorn's appeal of the NOV; and sets the Board's <br />hearing on the NOV for May 23 and 24, 2001. This agreement <br />between Powderhorn and DMG is reflected in: (a) DMG's March 20, <br />2001 Response to Request for Temporary Relief; (b) DMG's March <br />20, 2001 Modification of the NOV; (c) Denise Dragon's March 19, <br />2001 letter to mel; (d) my March 16, 2001 draft of DMG's <br />Response to Request for Temporary Relief, which I faxed to <br />Thomas Munno on March 16 and to Denise Dragon on March 19. <br />Because of the foregoing, there is no need for the Board to <br />consider Powderhorn's Request for Temporary Relief, or to set a <br />hearing on Powderhorn's Request for Temporary Reliefz. <br />Her letter is Exhibit B to DMG's March 20 Response. <br />Unlike a court, the Board does not have a procedure for ruling on the papers. <br />