Laserfiche WebLink
III IIIIIIIIIIIII III <br />RECEIVED <br />MAR 2 1 2001 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />NOTICE OF VIOLATION No. CV-2000-010 <br />Division of Minerals and Geology <br />COLORADO DIVISION OF MINERALS AND GEOLOGY'S RESPONSE TO <br />REQUEST FOR TEMPORARY RELIEF AND STAY OF ENFORCEMENT <br />IN RE POWDERHORN COAL COMPANY <br />COMES NOW the Colorado Division of Minerals and Geology <br />("DMG"), by and through its attorneys, Colorado Attorney <br />General Ken Salazar and Assistant Attorneys General Cheryl A. <br />Linden and Robert D. Clark, and, for its Response to <br />Powderhorn Coal Company's Request for Temporary Relief and <br />Stay of Enforcement, states as follows: <br />DMG agrees and stipulates to an extension of the <br />abatement period for Notice of Violation ("NOV") # CV-2000-010 <br />to and including May 31, 2001, and DMG has issued a <br />Modification to NOV # CV-2000-010, Exhibit A hereto, dated <br />March 20, 2001 to that effect. <br />This extension of the period to abate NOV # CV-2000-010 <br />to and including May 31, 2001 is upon the express condition <br />that Powderhorn Coal Company ('Powderhorn") waives its right <br />under C.R.S. § 34-33-129(1)(a) to a full 90 days to appeal the <br />March 20, 2001 Modification of NOV # CV-2000-010.1 Powderhorn <br />has so agreed in a March 19, 2001 letter from Denise Dragoo, <br />counsel for Powderhorn, Exhibit B hereto. Powderhorn must <br />file its appeal, if any, of NOV # CV-2000-010 (and of the <br />March 20, 2001 Modification of NOV # CV-2000-010) before 5:00 <br />p.m. Denver time on April 20, 2001.2 <br />The March 20, 2001 Modification of the NOV contains additional conditions. <br />See, Exh. A. <br />ZPowderhorn is free to refile its March 19, 2001 Petition for Formal Review <br />or to file a different appeal. <br />Powderhorn coal/admrn response to request for temp relief <br />