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• DA~,o R ~~~~5 • III 1111111111111111 <br />ATTORNEY AT LAW 999 <br />P.O. BOX 101 <br />Glen~ootl Springs. <br />• Colorado 81 602-01 0 1 <br />June 1, 1990 <br />James C. Stevens <br />Mined Land Reclamation Division <br />1313 Sherman, Room 215 <br />Denver, CO 60203 <br />RE: Carbon Junction Mine <br />Permit No. C-82-054 <br />NOV C-90-012 <br />Request to Modify <br />Dear Jim: <br />'iYJephone (303) 945-5768 <br />~ L~ t ,nt ~ j,.~ <br />JUN ~ ~:?~'. <br />fti!INr~'J L1tRll <br />--- 4MG71l~t~f fllVl~'..,. <br />Please accept this letter as Pueblo Coal Inc.'s (PCI) formal <br />request, pursuant to Section 34-33-123 of the Colorado Surface <br />Coal Mining Reclamation Act and Board Rule 5.03.2 (2)(b), to <br />modify NOV C-90-012 to provide the time for abatement to be on or <br />before June 27, 1990. <br />The showings of good cause for extending the time for <br />• abatement from June 1, 1990 to June 27, 1990 are as follows: <br />1. The verbal notice on May 2, 1990 to me of this problem <br />and the Division's decision of enforcement action and the <br />issuance of the NOV on May 3, 1990 provided less than 30 days <br />within which PCI is required to abate this violation by providing <br />a replacement reclamation bond. <br />2. Section 123(2) of the Act provides that the Division, <br />in issuing a Notice of Violation (NOV) shall fix "a reasonable <br />time, but not more than ninety days for the abatement of the <br />violation". There has been no articulation or rationale set <br />forth by the Division which explains why less than 30 days to <br />abate the violation is a "reasonable time". <br />3. PCI and its parent company and its principal officers <br />were not the cause of the insolvency of the Texas American <br />Bank/Fort Worth, N.A., in Fort Worth, Texas which held the <br />Standby Letter of Credit No. 17345 on behalf of the State of <br />Colorado. PCI was not aware that the current or future validity <br />or extension of its letter of credit/reclamation bond was in <br />question until Mike Long notified me on May 2, 1990. <br />4. PCI, in telephone conversations with the Division since <br />early May, 1990 and in a presentation to the Board on May 23, <br />• 1990, has attempted to keep the State advised as its financial <br />condition, legal status vis a vis bankruptcy, and its future <br />financial prospects, especially as it may be related to a <br />