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Robert Clark - Letter.doc Page 1 <br />Robert D. Clark, Esq. <br />March 19, 2001 <br />Page 1 <br />March 19. 2001 <br />Via E-Mai!(roberl.clarka(~srare.co.us) arrd U.S. Mail <br />Robert D. Clark, Esy. <br />Assistant Attorney General <br />State of Colorado <br />1525 Sherman Street, Stlt Floor <br />Denver, Colorado 80203 <br />RE: March 19, 2001 Modifraaiou ojNOV CV-1000-0/0 <br />Dear Bob: <br />On behalf of Powderhorn Coal Company ("Powderhom'"), we have reviewed your <br />draft response to Powderhorn's Request for Temporary Relief and Stay of Enforcement. <br />Powderhorn agrees to waive its right under C.R.S. § 34-33-124(I)(a) to a full ninety (90) days to <br />appeal the March 19, 2001 modification of the NOV. As we have discussed, your response <br />confirms [ha[ if Powderhorn chooses to modify its March 14, 2001 Pe[i[ion for Formal Review, it <br />must do so before 5:00 p.m. (Denver time) on April 20, 2001. If Powderhorn does not serve and <br />file an appeal of [he NOV different from its March 14, 2001 Petition for Formal Review by close <br />of business on April 20, 2001, Powderltorn's March 14, 2001 Petition for Formal Review shall <br />constitute its appeal for the May 23, 2001 hearing before the Mined Land Reclamation Board. <br />Please revise the last sentence of paragraph 3 of your Response to Request for <br />Temporary Relief and Slay of Enforcement to reflect this understanding as follows: "If <br />Powderhorn chooses to modify its March 14, 2001 Petition for Formal Review, it must do so <br />before 5:00 p.nt. (Denver time) on April 20, 2001." <br />E~ryror <br />8 2 <br />C +~ <br />g <br />